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Full text of "North Carolina Register v.5 no. 1 (4/2/1990)"

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RECEIVED 



APR 4 1990 



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NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



^ 



ihriOMl 



PROPOSED RULES 

Agriculture 

Crime Control and 
Public Safety 

Economic and Community 
Development 

Environment, Health, and 
Natural Resources 

Human Resources 

Public Education 

FINAL RULES 

List of Rules Codified 

ISSUE DATE: APRIL 2, 1990 

Volume 5 • Issue 1 • Pages 1-151 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North Carolina 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how- 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agencv. 

TEMPORARY RULES 

Under certain conditions of an emergencv nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 days, 
whichever is less. An agency adopting a temporary rule 
must begin normal rule-making procedures on the per- 
manent rule at the same time the temporary rule is 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is 
a compilation and index of the administrative rules of 
25 state agencies and 38 occupational licensing boards. 
The NCAC comprises approximately 15,000 letter size, 
single spaced pages of material of which approximate- 
lv 35 % is changed annuallv. Compilation and publica- 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur- 
ther broken down by chapters. Title 21 is designated 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum 
cost of two dollars and 50 cents ($2.50) for 10 
pages or less, plus fifteen cents ($0. 15) per each 
additional page. 

(2) The full publication consists of 52 volumes, 
totaling in excess of 15,000 pages. It is sup- 
plemented monthly with replacement pages. A 
one year subscription to the full publication in- 
cluding supplements can be purchased for 
seven hundred and fifty dollars ($750.00). In- 
dividual volumes may also be purchased with 
supplement service. Renewal subscriptions for 
supplements to the initial publication available. 

Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro- 
cedures to be followed. For specific statutory language, 
it is suggested that Articles 2 and 5 of Chapter 150B of 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, 
page number and date. 1:1 NCR 101-201, April 1, 1986 

refers to Volume 1, Issue 1. pages 101 through 201 of 
the North Carolina Register issued on April 1, 1986. 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Office of Administrative Hearings 

P. O. Drawer 11666 

Raleigh, NC 27604 

(919) 733-2678 



Julian Mann III, 

Director 
James R. Scarcclla St., 

Deputy Director 
Molly Masich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial A ssistatit 



I. PROPOSED RULES 
Agriculture 

N.C. Plant Conservation 

Board 1 

Structural Pest 

Control Committee 7 

Crime Control and 
Public Safety 

State Highway Patrol 53 

Economic and Community 
Development 

Banking Commission 16 

Community Assistance 25 

Milk Commission 24 

Environment, Health, and 
Natural Resources 

Coastal Management 136 

Environmental Management.... 54 

Marine Fisheries 63 

Wildlife Resources 

Commission 137 

Human Resources 
Mental Health, Mental 
Retardation and Substance 

Abuse Services 29 

Water Treatment Facility 

Operators 27 

Public Education 
Flemcntary and Secondary 141 

II. FINAL RULES 

List of Rules Codified 143 

III. CUMULATIVE INDEX 151 



NORTH CAROLINA REGISTER 

Publication Schedule 

(January 1990 - December 1991) 



Issue 
Date 



01/02/90 
01/16/90 
02/01/90 
02/15/90 
03/01,90 
03 15 90 
04/02/90 
04/16/90 
05/01/90 
05/15/90 
06/01/90 
06/15/90 
07/02/90 
07/16/90 
08/01/90 
08/15/90 
09/04/90 
09/14/90 
10/01/90 
10/15/90 
11/01/90 
11/15/90 
12/03/90 
12/14/90 
01/02 91 
02/01/91 
03/01/91 
04/01/91 
05/01/91 
06/03/91 
07/01/91 
08/01/91 
09/03/91 
10/01/91 
11/01/91 
12/02/91 



Last Day 
for 

Filing 



12/07/89 
12/20/89 
01/10/90 
01/25/90 
02/08/90 
02/22/90 
03/12/90 
03/23/90 
04/09/90 
04/24/90 
05/10/90 
05/24/90 
06/11/90 
06/22/90 
07/11/90 
07/25/90 
08/13/90 
08/24/90 
09/10/90 
09/25/90 
10/11/90 
10 24 90 
11/08/90 
11/21/90 
12/07/90 
01/10/91 
02/08/91 
03/11/91 
04/10/91 
05/10/91 
06/10/91 
07/11/91 
08/12/91 
09/10/91 
10/11/91 
11/07/91 



Last Day 
for 

Electronic 
Filing 



12/14/89 
12/29/89 
01/18/90 
02/01/90 
02/15/90 
03/01/90 
03/19/90 
03/30/90 
04/17/90 
05/01/90 
05/17/90 
06:01/90 
06/18/90 
06/29/90 
07/18/90 
08/01/90 
08/20/90 
08/31/90 
09/17/90 
10/02/90 
10/18/90 
10/31/90 
11/15/90 
11/30/90 
12/14/90 
01/18/91 
02/15/91 
03/18/91 
04 17 91 
05/17/91 
06/17/91 
07/18/91 
08/19/91 
09/17/91 
10/18/91 
11/14/91 



Earliest 
Date for 
Public 
Hearing & 
Adoption by 
Agency 

****+*** 

02/01/90 
02/15/90 
03/03/90 
03/17/90 
03/31/90 
04/14/90 
05/02/90 
05/16/90 
05/31/90 
06/14/90 
07/01/90 
07/15/90 
08/01/90 
08/15/90 
08/31/90 
09/14/90 
10/04/90 
10/14 90 
10/31/90 
11/14/90 
11/30/90 
12/14/90 
01/02/91 
01/13/91 
02/01/91 
03/03/91 
03/31/91 
05/01/91 
05/31/91 
07/03/91 
07/31/91 
08/31/91 
10/03/91 
10/31/91 
12/01/91 
01/01/92 



Earliest 

Effective 

Date 



05/01/90 

05/01/90 

06/01/90 

06/01/90 

07/01/90 

07/01/90 

08/01/90 

08/01/90 

09/01/90 

09/01/90 

10/01/90 

10/01/90 

11/01/90 

11/01/90 

12/01/90 

12/01/90 

01/01/91 

01/01/91 

02/01/91 

02/01/91 

03/01/91 

03/01/91 

04/01/91 

04/01/91 

05/01/91 

06/01/91 

07/01/91 

08 '01/91 

09/0 1/9 L 

10/01/91 

11/01/91 

12/01/91 

01/01/92 

02/01/92 

03/01 '92 

04/01 92 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date" , that the agency files the rule with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



PROPOSED RULES 



TITLE 2 - DEPARTMENT OF 
AGRICULTURE 



No 



otice is hereby given in accordance with G.S. 
1 SOB- 12 that the N.C. Plant Conservation Board 
intends to amend rule(s) cited as 2 NCAC JOG 
.0301 - .0302, .0304 - .0305, .0501, .0508 - .0511; 
and adopt nde(s) cited as 2 NCAC 10G .0512 - 
.05/5. 

1 he proposed effective date of this action is A u- 
gust I. 1990. 

I he public hearing will be conducted at 1:30 
p.m. on May 4, 1990 at Mountain Horticultural 
Crops Research and Extension Center, 20/6 Fan- 
ning Bridge Road, Fletcher, NC 28732-9216. 

K^omment Procedures: Interested persons may 
present statements either orally or in writing at the 
public hearing or in writing prior to the hearing 
by mail addressed to the Plant Conservation Pro- 
gram, NC Department of Agriculture, P.O. Box 
27647, Raleigh, NC 27611. 

CHAPTER 10 - PESTICIDE AND PLANT 
PROTECTION DIVISION 

SUBCHAPTER 10G - PLANT INDUSTRY 

SECTION .0300 - ENDANGERED PLANT 

SPECIES LIST: THREATENED PLANT SPECIES 

LIST: LIST OF SPECIES OF SPECIAL 

CONCERN 

.0301 ENDANGERED PLANT SPECIES LIST 

As authorised by- G44 106 202.12 through 
106 202.10 ef Ike Pkfit Protection *«4 Conser 
vution Aet- e£ 1979, tb*» The North Carolina 
Plant Conservation Board hereby establishes the 
following list of endangered plant species: 

( 1) Aeschvnomom e Acschvnomene virginica -- 
(L.) B.S.P. 

Sensitive Joint Vetch; Jointvetch; 
(44 Arenaria alahamensis — (McCormick, 

Boi'.L ' inan A- Spongberg) Wyatt 

Alabama sandwort; 
£3} Arenaria godfroyi — Simmers 

Godfrey's Sandwort; 
(4) Arenaria uniflora — (Walter) Muhl. 

Single Flowered Sandwort; 

(2) (4) Arcthua bulbosa -- L. 
Bog Rose; 

(3) (4} Asplcnium hoteroresillens heteroresiliens 
- W. H. Wagner 

Carolina Spleenwort; Fern; 

(4) (44, Asplcnium monanthes -- L. 
Single Sorus Spleenwort; hern; 



(5) (8) Bryocrumia andersonii -- (Bartr.) An- 
ders. 

Gorge moss; Moss; 

(6) (9) Buckleya distichophylla -- (Nuttall) 
Torrey 

Piratebush; 

(7) Calamagrostis cainii -- Hitchcock 



Cain's Reed Grass; 



(8) (4-0) Calamovilfa brevipilis -- 
Scribner 
Pine Barrens Roodgrass; Sandreed; 



(Torrey) 



(9) (44) Cardamine micranthera -- Rollins 
Small-anthered Bittercress; 

(10) (44) Carex aenea -- Femald 
Fernald's Hay Sedge; 

(11) (444 Carex barrattii -- Schweinitz and Tor- 
rey 

Barratts Sedge; 

(12) (444 Crarex purpurifera -- Mackenzie 
Purple Sedge; 

(13) (444 Carex. schweinitzii — Dewey ex- 
Schweinitz 

Schweinitz's Sedge; 

( 14) (444 Cystopteris X- tennesseensis - Shaver 
Tennessee Bladder Fern; Bladdertern; 

( 1 5) (444 Dahbarda repens -- L. 
Fals e Violet; Robin Runaway; 



( 16) (44) Delphinium exaltatum -- Aiton 
Tall Larkspur; 

(17) (444 Echinacea laevigata — (Boynton and 
Beadle) Blake 

Smooth Coneflower; 

(18) Eriocaulon lineare ~ Small 
I .inear Pipe wort; 

( 19) (44} Fupatorium resinosum -- Torrey ex 
DC 

Resinous Jo e Pye Weed; Boneset; 

(20) (44-)- Gentiana Gentianopsis crinita — 
Fro e lich (Froelich) Ma 

Fringed Gentian; 

(21) (44} Geum radiatum -- Michaux 
Spreading Avens; 

(22) (44)- Glyceria nubigena — W.A. Anderson 
Smokey Mtn. Smokv Mountain Manna- 
grass; 



(23) (444 Grammitis nimbata 
Dwarf Polypody Fern; 

(24) (44) Il e lianthus schweinit/.ii —14 
Schweinit?.' Schweinitz's Sunflower 

(25) (36) Hexastylis 
Blomquist 



(Jcnm.) Proctor 



contracts contracta 



Mountain Heart I euf; Ileartleaf; 



(26) (44) Hexastylis naniflora — Blomquist 
Dwarf-flowered I leart L e af; Ileartleaf; 
Houstonia 



(Small) Terrel 



purpurea var. montana « 



Mountain Bluet; 



(28) Hydrastis canadensis - L. 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



Goldenseal; 

(29) Isotria medeoloides -- (Pursh) Raf. 
Small Whorled Pogonia; 

(30) Juncus trifidus ssp. carolinianus — Hamet 
Ah4r Ahti 

(4«e Flowered One-flowered Rush; 

(31) Kalmia cuneata -- Michaux 
White Wicky; 

(32) Lindera melissaefolia — (Walter) Blume 
Southern Spicebush; 

(33) Lindera suhcoroucoa subcoriacea -- Wof- 
ford 

Dob Spice Bush; Bog Spicebush; 

(34) Lysimachia asperulaefolia — Poiret 
Rough-leaf Loosestrife; 

(35) Lysimachia fraseri -- Duby 
Fraser's Loosestrife; 

(36) Minuartia godfre^i -^ (Shinners) McNeill 
Godfrey's Sandwort: 

(37) Minuartia unillora -- (Walter) Mattfield 
Single -flowered Sandwort: 

[38] (4*H Muhlenbergia torreyana -- (Schultes) 

I litchcock 

Torrey's Muhly; 
[39] (444- Narthecium americanum -- Ker 

Bog Asphodel; 

(40) Orhexilum macrophvllum — (Rowlee ex 
Small) Rvdhcnz 

Bigleaf Scurf pea; 

(41 ) (-4X+ Orthotrichum keeverae -- Crum & 
Anders. 

Keever's bri *» tl <a mow; Bristle -Moss; 

(42) (40-)- Oxypolis canbyi -- (Coult. & Rose) 
Fern. 

Canby's cowhane; Cowbane; 

(43) (4tt) Parnassia caroliniana -- Michaux 
Carolina Grass-of- Parnassus; 

(44) (-44-) Pellaea X- wrightiana -- Hooker 
Wright's Cliff-brake Fern; 

(45) (43) Plantago cordata -- Lam. 
Heart-leaf Plantain: 

(46) 443) Plantago sparsiflora -- Michaux 
Pineland Plantain; 

(47) (44) Platanthera integrilabia -- (Correll) 
I cur 

White Fnngeless Orchid; 
(44) P ' . i omlua macrophvlla — Rowl ee 

Bigleaf Scurfpea; 
[48] Portulaca smallii — P. Wilson 

Small s Portulaca; 



(4'-)) f46-) Pterodossaspis ccristata -- (Fernald) 
Rolfe 
Fulophia: 

(50) £4?) Ptilimnium nodosum -- (Rose) Mat- 
hias 

Ilarperella; 

(51) (-4^4 Pvxidanthera barbulata var. brevifolia 
- (Well's) Allies 



Woll'o WeUs' Pyxie-moss; 

(52) (49^ Rhus michauxii — Sargent 
Michaux' False Sumac; 

(53) (40) Sagittaria fasciculata -- E.O. Beal 
Bunched Arrowhead; 

(54) (44-) Sarracenia jonesii -- Wherry 
Mountain Sweet Pitcher plant; 

(55) (43) Sarracenia oreophila -- (Kearney) 
Wherry 

Green Pitcher Plant; 

(56) (44) Schwalbea americana -- L. 
Chaff seed; 

(57) (44) Sedum pur . illium pusillum -- Michaux 
Puck's Orpine; 

(58) (44) Sedum rosea - (L.) Scop. 
Roseroot; 

(59) (44) Senecio schweinitzianus -- Nuttall 
Bobbin '. Schweinitz's Groundsel; 

(60) (Sfy Shortia galacifolia - T. & G. 
Oconee Bells; 

(61 ) (48) Sisyrinchium dichotomum -- Bicknell 
Reflexed Blue-eyed Grass; 

(62) (4&) Solidago pulchra -- Small 
Carolina Goldenrod; 

(63) (40) Solidago spithamaea -- M.A. Curtis 
Blue Ridge Goldenrod; 

(64) (44) Solidago verna -- M.A. Curtis ex T. 
& G. 

Spring-flowering Goldenrod; 

(65) (43) Spiraea Virginiuna virginiana -- Britton 
Virginia Spiraea; 

(66) (44) Sporobolus heterolepis -- Gray 
Prairie Dropseed; 

(67) (44) Stylisma pickeringii var. pickeringii -- 
(Torrey ex M.A. Curtis) Gray 
Pickering's Morning Glory; 

(68) (44) Thalictrum cooleyi -- Ahles 
Cooley's Meadow mo; Meadowrue; 

(69) (44) Trillium pusillum -- Michaux 
Carolina Least Trillium; 

(70) (4?) Trisetum spicatum var. molle — (Mi- 
chaux) Beal 

Soft Trisetum. 

Statutory Authority G.S. 1 06- 202.1 5. 

.0302 THREATENED PLANT SPECIES LIST 

As authoris e d by G-4^ 106 202.12 through 
106 202.19 e4 the Rkwrt Protection a«4 Conr . or 
vation Aet- &i 1979, the The North Carolina 
Plant Conservation Board hereby establishes the 
following list of threatened plant species: 

(1) Amaranthus pumilus -- Raf. 
Seabeach Amaranth; 

(2) Cacalia rugelia -- (Shuttl. e xchapm) ex 
Chapm) Barkley & Cronq. 

Rugel's Ragwort; 

(3) Camassia scilloides — (Raf.) Cory 



5:1 AORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



Wild Hyacinth; 

(4) Carex chapmanii -- Steudel 
Chapman's Sedge; 

(5) Carex conoidea -- Willd. 
Cone-shaped Sedge; 

(6) Carex misera -- Buckley 
Wretched Sedge; 

(7) Carya Myriotieai ' formis myristicaeformis 
-- (Michaux ¥$ Q Nuttall 

Nutmeg Hickory; 

(8) Eleocharis halophila — Forald Fern. & 
Brack. 

Split Salt Spikerush; 

(9) Fimbristylis perpusilla -- Auth. Harper ex 
Small & Britton 

Harper's Fringe-rush; 

(10) Geum geniculatum -- Michaux 
Bent Avens; 

(11) Gymnoderma lineare — (Evans) Yoshi- 
mura & Sharp 

Gnome Finger Lichen; 
(-4-3+ 1 labunaria intugra — (Nuttall) Sprongol 
Yl'Uow Fringeli'ss Orchid; 

(12) (44+ I Ielonias bullata - L. 
Swamp Pink; 

( 13) (44+ Hudsonia montana -- Nuttall 
Mountain Golden Heather; 

(14) Hex collina — Alexander 
long-stalked 1 lolly; 

(15) Isoetes piedmontana -- (Pfeiffer) Reed 
Piedmont Quillwort; 

(16) Liatris helleri -- (Porter) Porter 
Heller's Blazing Star; 

(17) Lilaeopsis carolinensis -- Coult. & Rose 
Carolina Lilaeopsis; 

(18) Lilium grayi -- Watson 
Gray's Lily; 

(19) Menyanthes trifoliata - L. 
Buckbean; 

(20) Myriophyllum laxum -■ 
Chapman 
Loose Watermilfoil; 

(-34-)- N e mopanthus collinur . 
Gk+fk- 
Long f . tullcod I lolly; 

(21) (-30+ Nestronia umbcllula - Raf. 
Nestronia; 

(22) Platanthera integra - (Nuttall) Gray ex 
Beck 

Yellow Frinueless Orchid; 



Schuttlew. ex 



— (Al e xand e r) 



(23) Rhexia aristosa — Britton 
Awned Meadow - beauty; 

(24) Rudbeckia heliopsidis — T. & G. 
Sun-facing Coneflower; 

(25) Sabatia K e nn e dyana kcnncdvana — Fern. 
S<» Pink; Plymouth Gentian: 

(26) Schisandra glabra -- (Brickel) Rchder 
Magnolia Vine; 



(27) Schlothomia Schlotheimia lancifolia -- 
Bartr. 

Highlands moos; Moss; 

(28) Senecio millefolium — T. & G. 
Divided-leaf Ragwort; 

(29) Sporobolus teretifolius -- Harper 
Wireleaf Dropseed; 

(30) Thelypteris simulata -- (Davenp.) Nieuwl. 
Bog Fern; 

(31) Trichomanes boschianum -- Sturm ex 
Bosch 

Appalachian Filmy-fern; 

(32) Trichomanes petersii -- A. Gray 
Putor'o Dwarf Filmy-fern; 

(33) Trillium discolor -- Wray ex Hook. 
Mottled Trillium 

(34) Utricularia olivacea -- Wright ex Grise- 
bach 

Dwarf Bladderwort. 

Statutory Authority G.S. 106-202.15. 

.0304 PLANT SPECIES OF SPECIAL CONCERN 

(a) Special concern endangered plant species 
are those species that appear on both the En- 
dangered Species List and on the Special Con- 
cern Species List and which can be offered for 
propagation to qualified propagators under per- 
mit. 

(1) Cystopteris tennesseensis ^ Shaver 
Tennessee Bladderfern; 

(2) (44 Delphinium exaltatum -- Alton 
Tall Larkspur; 

Echinacea laevigata — (Boynton & Bea- 
dle) Blake 



Smooth Coneflower; 



ih 



til 

(5) Geum radiatum 



Gentianopsis crinita ~ (Iroehlich) Ma 
Fringed Gentian; 

Michaux 



Spreading Avens; 

(6) (4+ I lydrastis canadensis ~ L. 
Goldenseal, Orangeroot; 

(4) tie* am e lanchi e r — Mr At Curtis 
Sarvis Holly; 

(7) (4+ Kalmia cuneata -- Michaux 
White Wicky; 

(8) Pellaea wrightiana ~ Hooker 
Wright's Cliff-brake Fern; 

(9) (4+ Rhus michauxii -- Sargent 
Michaux's FaLo Sumac; 

(10) (4) Sarracenia jonesii — Wherry 
Mountain Sweet Pitcher Plant; 

(11) Sarracenia oreophila -- (Kearney) Wherry 
Green Pitcher Plant; 

( 12) (4+ Shortia galacifolia -- T. & G. Oconee 
Bells. 

(b) Special Concern Threatened Plant Species 
are those species that appear on both the 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



Threatened Species List and on the Special 
Concern Species List and which can be offered 
for propagation to qualified propagators under 
permit. 

(44 Geum radiatum — Gray 
Spreading Av e ns; 

(1) Helonias hullata - L. 
Swamp Pink; 

(2) 1 iatris helleri ~ (Porter) Porter 
" Heller's Blazing Star: 

(3) (4+ Lilium gruyii gravi -- Watson 
Gray's Lily; 

(4) Sabatia kennedvana 21 Fern. 
Plymouth Gentian; 

(5) (44 Schisandra glabra ~ ( Brickel) — Rehder 

Magnolia Vine. 
(c) Except as otherwis e provided » the r e gu 
Kit ions it- ' hull be unlav i ful te- seh-r barter, trade, 
exchange, export, e* te off e r fof Dale, bart e r, 
trade, exchange &f export ©f gs^e away fof afty- 
purpose including advertising e* other promo 
tionul purpos e s a«y- plant which is e» At* Special 
Concern Not Endangered or Threatened Plant 
Species 1 ist. are those species that appear on the 
Special Concern Species List but do not appear 
on the Endangered Species I ist or the Threat- 
ened Species List and which it shall be unlawful 
to distribute, sell or offer for sale except as oth- 
erwise provided in the rules. 
(44 Cl e matis vorticillarit) ©G 

R.ock Cl e matis; 
(-2} 1 Iexastylis lowisii (Fern.) — Blomquist & 
Oosting 

I e wis' h e art leaf-? 
( 1) (44 Panax Quinquefolium quinquefolius 
- L. 
Ginseng. 
(-44 Rhodod e ndron vus e yi — Gray 

Pink sh e ll azalea; 
(-^4 Saxifraga caroliniana — Gray 
Carolina Saxifrage; 

Statutory Authority G.S. 1 06-202.1 2 through 
106-202.22. 

.0305 COLLECTION AND SALE OF GINSENG 

(a) Definitions: 

( 1 ) Department. The North Carolina De- 
partment of Agriculture. 

(2) Ginseng. Any plant of the species Panax 
quinquefolium quinquefolius including 
cuttings, roots, fruits, seeds, propagules 
or any other plant part. 

(3) Ginseng Dealer. Any person in North 
Carolina who purchases or otherwise ob- 
tains ginseng roots which have been col- 
lected or cultivated in North Carolina in 
any quantity for commercial use. This 



definition does not include those persons, 
who directly collect or cultivate ginseng 
roots, or who obtain ginseng roots for 
their own personal use. 

(4) (-64 Export Certificate. A document issued 

to allow the export or shipment of ginseng 
out of the State bv certifying that the gin- 
seng covered bv the document was legally 
collected or grown in North Carolina. 

(5) (44 Inspector. An employee of the North 

Carolina Department of Agriculture or 
any other person authorized by the Com- 
missioner to enforce these Regulationo. 
Rules. 

(6) (44 Person. Individual, corporation, part- 

nership, firm or association. 

(7) (4) Record of Ginseng Purchase. A docu- 

ment completed by a person buying et4- 
tivated e* coll e ct e d gins e ng r e cording the 
seller, the weight e£ roots bought, the 
date, the nursery grown » ef the counti e s 
» which the roots were collected a«4 a 
signature verifying the accuracy e4 the Fe- 
cord a«4 the legal collection e4 the roots. 
ginseng dealer on a form provided bv the 
Department to record ginseng purchases. 
Record of Harvest Season Collection. A 



m 



document completed and signed bv a col- 
lector of wild ginseng and bv an Inspector, 
certifying that the ginseng covered bv the 
document was legally collected during the 
harvest season. 



(9) Statement Indicating Legal Collection of 
Ginseng from One's Own I and. A doc- 



ument completed and signed bv a person 
verifying that the wild collected ginseng 
being sold was collected from that per 
son's own land. 



(b) Policy. The trade and biology of ginseng 
is monitored in North Carolina to obtain federal 
approval for the export of ginseng from the state, 
to support the ginseng trade within the state and 
to protect the species from over collection and 
extinction. 

(c) Collection of Ginseng: 

( 1 ) Harvest Season for the Collection of Gin- 
seng. The ginseng harvest season will be 
from September 1 through April 1. Har- 
vesting ginseng outside of this period is 
unlawful except tf prohibited except when 
the plants are dug from one's own land. 

(2) Collectors Harvesting or Selling (Outside 
of the 1 Ian est Season. Am person col- 
lectuig wild ginseng outside of the harvest 
season must complete a Statement Indi- 
cating I egal Collection of Ginseng from 
One s Own Land before selling the gin- 
sene. This form is available from ginseng 



5:7 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



dealers. Any person collecting ginseng 
within the harvest season but wishing to 
sell the ginseng outside of the season must 
complete a Record of Harvest Season 
Collection and have it signed by an In- 
spector before the end of the harvest sea- 
son; the form is available from Inspectors. 

(3) (4) The Collection Replanting of Ginseng. 
All persons collecting ginseng from the 
wild are encouraged to plant the seeds of 
collected plants in the immediate vicinity 
of where they are found, 
(d) Purchase and Sale of Ginseng: 

( I ) Registration e£ Gins e ng Doalors. Ginseng 
Dealer Permits. All ginseng dealers shall 
r e gist e r after Juno 4- ef- each y e ar, obtain a 
permit from the Plant Industry Division 
of the Department prior to purchasing 
ginseng. with the North Carolina De- 
partm e nt ef Agriculture, posticide a»4 
plant protection division. Permits shall 
be valid from Julv 1 or the date of issue, 



from One's Own Land or Record of liar- 



121 



whichever is later, to the following June 
30. No .ginseng may be purchased by a 
ginseng dealer without a current permit. 
Buying Season for Ginseng. The buying 
season for wild collected ginseng will be 
from September J_ through the following 
April J_ for green ginseng and from Sep- 
tember 15 through the following April _]_ 
for dried ginseng. To buy wild collected 
ginseng outside of this buying season a 
ginseng dealer must obtain from the col- 
lector either: 

(A) a completed Statement Indicating Legal 
Collection of ( iinscng from ( )ne's ( )wn 
land; or 

(B) a Record of I Ian est Season Collection 
completed by the collector and signed by 
an Inspector. 

(3) (3) Purchase ef Gins e ng. Records. Gin 
dealers Every srinsenc dealer shall 



keep a record of each purchase of ginseng 
collected or grown in North Carolina on 
the applicable Record of Ginseng Pur- 
chases e» a- record ef ginseng purchas e 
form provided by the North Carolina 
Department, ef Agricultur e . Such re- 
cords Forms from previous years, copies, 
or any forms other than those provided 
bv the Department for the current license 
period shall not be used. Records of 
Ginseng Purchases shall be made available 
for inspection by an Inspector and shall 
be surrendered to an Inspector upon issu- 
ance of an Export Certificate or on a pe- 
riodic basis. The applicable Statement 
Indicating Legal Collection of Ginseng 



vest Season Collection shall be attached 
to any Record of Ginseng Purchases re- 
cording a purchase of wild collected gjn- 
seng collected outside of the harvest 



season or bought outside of the buying 
season. 

(4) (4} Purchase of Ginseng between from 
other Ginseng Dealers. All ginseng deal- 
ers who purchase ginseng from other gin- 
seng dealers located in North Carolina 
shall eftiy purchase only from those gin- 
seng dealers that ate r e gister e d, have valid 
dealer permits. Such purchases shall be 
recorded in a Record of Dealer- Dealer 
Transactions. Ginseng purchased from 
unregistered ginseng dealers who lack 
valid permits will not be certified for ex- 
port or shipment out of the State. 

(5) (4} Exportation and Shipment of Ginseng. 

All persons who have ginseng in any 
quantity and wish to export or ship any 
amount out of the state ea» shall obtain 
an export certificate from an Inspector. 
e£ tke North Carolina Department ef A-g- 
rioulturo. To obtain an export certificate 
a person must have accurately kept accu- 
rate records of his purchases, present and 
surrender the original Record of Ginseng 
Purchases upon issuance of an export 
certificate and be a registered ginseng 
dealer, possess a valid ginseng dealer's 
permit 



Statutory Authority 
106-202.22. 



G.S. 106-202.12 through 



SECTION .0500 - FORMS 

.0501 DESIGNATIONS 

The forms used by the plant protection section 
in plant protection and conservation activities 
will be known by the following title and numer- 
ical designations: 

(7) application for a ginseng d e al e r registration 
form dealer's permit - PC-7; 

(8) record of native wild collected ginseng 
purchases - PC-8; 

(9) record of cultivated ginseng purchases - 
PC-9; 

(10) ginseng export certification - PC- 10; 

(11) ginseng dealer's permit - PCM 1; 

( 12) record of dealer-dealer transactions ■ 
PC- 12; 



( 13) statement indicating legal collection of 
einseng from one's own land - PC- 13; 



(14) record of harvest season collection 
PC- 14. 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



Statutory Authority G.S. 106-202.12 through 
106-202.22. 

.0508 FORM PC-7 

Form PC-7 is the ginseng d e aler registration 
form application for a ginseng dealer's permit and 
is issued to ginseng dealers who wish to purchase 
ginseng after June 1 of each year. The following 
information is required: 

(1) The company name, name of owner, man- 
ager or agent, address and telephone number 
of the ginseng dealer; 

(2) The location of ginseng records and roots; 
and 

(3) Names of agents representing the dealer; 

(4) (4+ Signature of ginseng dealer and date of 
signing. 

Statutory Authority G.S. 106-202.12 through 
106-202.22. 

.0509 FORM PC-8 

Form PC-8 is the record of native wild collected 
ginseng purchases to be completed by ginseng 
dealers. The following information is required: 

(1) A sheet number corresponding to the 
number of wild collected ginseng purchase 
records completed by the ginseng dealers in 
that harvest season; 

(2) The year in which the harvest season be- 
gins; 

(3) (44 The ginseng dealer's name and address; 

(4) (44 A record number for each purchase on 
a sheet; 

(5) f-H The date the ginseng is purchased; 

(6) (■§} The name, address and telephone num- 
ber of the collector of the ginseng purchased; 

(7) (44 The amount of green or drv ginseng 
purchased, iri pounds and ounces; 

(8) (44 The counties in which the ginseng roots 
were collected; 

(9) (&4 Form PC-S is signed and dated by the 
ginseng dealer certifying that the records are 
accurate and that all ginseng purchased was 
collected legally. 

Statutory Authority G.S. 106-202.12 through 
106-202.22. 

.0510 FORM PC-9 

Form PC-9 is the record of cultivated ginseng 
purchases to be completed by ginseng dealers. 
The following information is required: 
(1) A sheet number corresponding to the 
number of cultivated ginseng purchase re- 
cords completed by the ginseng dealer in 
that harvest season; 



(2) The year in which the harvest season be- 
gins; 

(3) (44 The ginseng dealer's name and address; 

(4) (4) A record number for each purchase on 
a sheet; 

(5) (44 The date the ginseng is purchased; 

(6) (44 The name, address and telephone num- 
ber of the cultivator of the ginseng; 

(7) (44 The amount of ginseng purchased, in 
pounds and ounces; 

(8) (4) The nursery and nursery certificate 
number, if any, where the ginseng was culti- 
vated; and 

(9) (&4 Form PC-9 is signed and dated by the 
ginseng dealer certifying that the records are 
accurate and that the ginseng purchased was 
cultivated. 

Statutory Authority G.S. 106-202.12 through 
106-202.22. 

.0511 FORM PC-10 

Form PC-10 is the ginseng export certification 
issued to ginseng dealers for export or shipment 
out of state of legally collected or cultivated 
roots. The following information is required: 

( 1) Certificate number, assigned by the De- 
partment; 

(2) Dealer permit number; 

(3) Dealer's shipment number for that harvest 
season; 

(4) (4> The total amount of ginseng te be e*- 
portod; covered bv this certificate, in pounds 
and ounces stated in both numerals and 
words; 



(4} 44se amount &£ collected and cultivated 
ginseng t» be exported; 

(5) Whether the ginseng is wild or cultivated; 

(6) Whether the ginseng is green or drv; 

(7) (4} The purchase dates of the ginseng te- be 
e xport e d; covered bv this certificate; 

(8) (4) The name and address of the ginseng 
dealer; 

(9) (4) The transfer records purchase record 
sheet numbers of the ginseng covered by this 
certificate; and 

(1(1) (44 Form PC-10 is signed by the F4*«4- Pe-4 
Administrator, Director. Plant Industry Di- 
vision, the ginseng dealer and the inspector 
issuing the export certification. 

Statutory Authority G.S. 106-202.12 through 
106-202.22. 

.0512 FORM PC- 11 

Form PC- 1 1 is a permit issued to a ginseng 
dealer who has met requirements as established 
in G.S. 106-202.12 - 202.22 and 2 NCAC 10G 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



.0100 through .0500. The permit number will 
be used to identify shipments for which export 
documents are issued. The following informa- 
tion is required: 

(1) Permit number; 

(2) Date of issuance; 

(3) Expiration date; 

(4) Company name and address of the ginseng 
dealer; 

(5) Signature of the Director, Plant Industry 
Division, North Carolina Department of 
Agriculture. 



Statutory Authority 
106-202.22. 



G.S. 106-202.12 through 



.0513 FORM PC- 1 2 

Form PC- 12 is the record of dealer-dealer tran- 
sactions to be completed by ginseng dealers for 
purchases of ginseng from other dealers. The 
following information is required: 

(1) A sheet number corresponding to the 
number of dealer-dealer ginseng purchase 
records completed by the purchasing ginseng 
dealer in that harvest season; 

(2) The year in which the harvest season be- 
gins; 

(3) The name and address of the purchasing 
ginseng dealer; 

(4) A record number for each purchase on a 
sheet; 

(5) The date the ginseng is purchased; 

(6) The name of the dealer selling the ginseng; 

(7) The selling ginseng dealer's permit number; 

(8) The amount of green or dry ginseng pur- 
chased, in pounds and ounces; 

(9) The purchase record sheet numbers of the 
seller covering the original purchases of the 
ginseng; 

(10) Form PC- 12 is signed and dated by the 
purchasing ginseng dealer certifying that the 
records are accurate and that the ginseng was 
legally collected. 



Statutory Authority 
106-202.22. 



G.S. 106-202.12 through 



.0514 FORM PC-13 

Form PC- 13 is the statement indicating legal 
collection of ginseng from one's own land and is 
completed by collectors who collect wild ginseng 
from their own property between April 1 and 
September 1. The following information is re- 
quired: 

(1) Date ginseng is sold; 

(2) Amount of green and dry ginseng sold, in 
pounds and ounces; 



(3) Exact location of land where this ginseng 
was dug; 

(4) Seller's name and address; 

(5) Seller's signature and date signed. 

Statutory Authority G.S. 106-202.12 through 
106-202.22. 

.0515 FORM PC-14 

Form PC-14 is the record of harvest season 
collection issued by an inspector to a collector for 
wild ginseng collected between September 1 and 
April 1 but not sold by April 1. The following 
information is required: 

(1) Amount of green and dry ginseng, in 
pounds and ounces; 

(2) Collector's signature and date signed; 

(3) Inspector's signature and date signed. 



Statutory A uthoritv 
106-202.22. 



G.S. 106-202.12 through 



****************** 



i V otice is hereby given in accordance with G.S. 
1 SOB- 12 that the NC Department of Agriculture, 
Structural Pest Control Committee intends to 
amend rules cited as 2 NCAC 34 .0102, .0301 - 
.0302, .0305 - .0306, .0310, .0313, .03/7 - .0320, 
.0323, .0326, .0505, .0605, .0904, .1004, .1102 - 
.1103; repeal rules cited as 2 NCAC 34 .0304, 
.0322; adopt rule cited as 2 NCAC 34 .0506. 

1 he proposed effective date of this action is A u- 
gust I, 1990. 

1 he public hearing will be conducted at 1:00 
p.m. on May 9, 1990 at L.Y. Ballentine Buildins,. 
2109 Blue Ridge Road, Raleigh, NC 27607-6469. 



Cc 



■ omment Procedures: Interested persons may 
present statements either orally or in writing at the 
public hearing or in writing prior to the hearing 
by mail addressed to David S. McLeod. Chairman 
of the Structural Pest Control Committee, P.O. 
Box 27647, Raleigh, NC 27611. 

CHAPTER 34 - STRUCTURAL PEST CONTROL 
DIVISION 

SECTION .0100 - INTRODUCTION AND 
DEFINITIONS 

.0102 DEFINITIONS 

For the purpose of interpretation of the rules, 
regulations, definitions, and requirements of the 
North Carolina Structural Pest Control Com- 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



mittce and the Structural Pest Control Law, and 
unless otherwise required by the context, the fol- 
lowing definitions shall prevail, to wit: 

(7) "Commercial structure" means any struc- 
ture which is not a residential structure; in- 
cluding hut not limited to shopping centers, 
offices, nursing homes and similar structures. 

(8) (4} "Complete surface residual spray" me- 
ans the over-all application of any pesticide 
by spray or otherwise, to any surface areas 
within, on, under, or adjacent to, any struc- 
ture in such a manner that the pesticide will 
adhere to surfaces and remain toxic to 
household pests and rodents or other pests 
for an extended period of time. 

(9) (4) "Continuing education units" means 
units of non-credit education awarded by the 
division of continuing education, North Ca- 
rolina State University or comparable edu- 
cational institution, for satisfactorily 
completing course work. 

( 10) (4) "Continuing certification unit -, unit " 
means a unit of credit awarded by the 
Committee upon satisfactory completion 
f?Q percent &f mor e ) e£ correct answ e rs e« 
a*Hr test- e* problem set- of one clock hour 
of instruction in any approved course of 
study (one CCU is equal to one tenth CEU 
of approved course work). 

(11) (44) "Deficient soil sample" shall mean any 
soil sample which, when analyzed, is found 
to contain less than 25 percent of the termi- 
ticide applied by a licensee which would be 
found if the termiticide had been applied at 
the lowest concentration and dosage recom- 
mended by the labeling. 

( 12) (4-4) "Department" means the Department 
of Agriculture of the State of North Caro- 
lina. 

(13) (44) "Disciplinary action" means any ac- 
tion taken by the committee as provided 
under the provisions of G.S. 106-65.28. 

( 14) (44) "Division" means the structural pest 
control division of the Department of Agri- 
culture of the State of North Carolina. 

(15) (44) "Enclosed space" means any structure 
by whatever name known, including house- 
hold structures, commercial buildings, ware- 
houses, docks, vacant structures, and places 
where people congregate, such as hospitals, 
schools, churches, and others; railroad cars, 
trucks, ships, aircraft, and common carriers. 
It shall also mean vaults, tanks, chambers, 
and special rooms designed for use, being 
used, or intended to be used for fumigation 
operations. 

( 1 6) (44) "Enforcement agency" means the 
structural pest control division of the De- 



partment of Agriculture of the State of 
North Carolina. 

(17) (44) "EPA" means the Environmental 
Protection Agency of the United States Go- 
vernment. 

(18) (44) "EPA registration number" means the 
number assigned to a pesticide label by 
EPA. 

(19) (44) "Flammable pesticidal fog" means the 
fog dispelled into space and produced: 

(A) from oil solutions of pesticides finely 
atomized by a blast of heated air or ex- 
haust gases from a gasoline engine, or 
from mixtures of water and pesticidal oil 
solutions passed through a combustion 
chamber, the water being converted to 
steam, which exerts a shearing action, 
breaking up the pesticidal oil into small 
droplets (thermal fog); or 

(B) from oil solutions of pesticides which are 
forced through very narrow space by cen- 
trifugal force and atomized as they are 
thrown off into the air (mechanical or 
cold fogs). 

( 20) (4% "Fog or fogging" means micron sized 
particles of pesticide(s) dispersed by means 
of a thermal generator. 

(21) (44) "Fumigation" means the use of fumi- 
gants within an enclosed space, or in, or 
under a structure, in concentrations which 
may be hazardous to man. 

(22) (44) "Fumigation crew" or "crew" means 
personnel performing the fumigation opera- 
tion. 

(23) (43) "Fumigation operation" means all de- 
tails prior to application of fumigant(s), the 
application of fumigant(s), fumigation pe- 
riod, and post fumigation details as outlmed 
in these rules and regulations. 

(24) (34) "Fumigation period" means the period 
of time from application of fumigant(s) until 
ventilation of the fumigated structure(s) is 
completed, and the structure or structures 
are declared safe for occupancy for human 
beings or domestic animals. 

(25) (-34) "Fumigator" means a person licensed 
under the provisions of G.S. 106-65. 25(a)(3) 
or certified under the provisions of G.S. 
106-65. 25(b)(1) to engage in or supervise 
fumigation operations. 

(26) (44) "Gas-retaining cover" means a cover 
which will confine fumigant(s) to the 
space(s) intended to be fumigated. 

(27) (44) "General fumigation" means the ap- 
plication of fumigant(s) to one or more 
rooms and their contents in a structure, at 
the desired concentration and for the neces- 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



sary length of time to control rodents, in- 
sects, or other pests. 

(28) (33) "Household" means any structure and 
its contents which are used for man. 

(29) (38) "Household pest control" means that 
phase of structural pest control other than 
the control of wood-destroying organisms 
and fumigation and shall include the appli- 
cation of remedial measures for the purpose 
of curbing, reducing, preventing, controlling, 
eradicating, and repelling household pests 
and rodents. 

(30) (39) "Inactive license" shall mean any 
structural pest control license held by an in- 
dividual who has no employees and is not 
engaged in any structural pest control work. 

(31) (30) "Infestation of a specific organism" 
means evidence of past or present activity 
by that organism, visible in, on, or under a 
structure, or in or on debris under the 
structure. 

(32) (34) "Inspection for a specific wood-des- 
troying organism" means the careful visual 
examination of all accessible areas of a 
building and the sounding of accessible 
structural members to determine the pres- 
ence of and the damage by that specific 
wood-destroying organism. 

(33) (33) "Inspector" means any employee of 
the structural pest control division of the 
Department of Agriculture of the State of 
North Carolina. 

(34) (33) "Jobs not meeting the minimum re- 
quirements of these rules and regulations" 
means any job that is not treated in accord- 
ance with the minimum requirements as 
herein set forth. 

(35) (34) "Licensed structural pest control op- 
eration," or "pest control operation," or 
"operator," or "licensed operator" means 
any person licensed under the provisions of 
G.S. 106-65. 25(a) or unlicensed who, for di- 
rect or indirect hire or compensation is en- 
gaged in the business of controlling, 
destroying, curbing, mitigating, preventing, 
repelling, offering advice on control methods 
and procedures, inspecting and identifying 
infestations and populations of insects, ro- 
dents, fungi, and other pests within, under 
and on structures of any kind, or the nearby 
surrounding ground areas or where people 
may assemble or congregate including work 
defined under G.S. 106-65.24(23). 

(36) (35) "Liquefied gas aerosol" means the 
spray produced by the extreme rapid volati- 
lization of a compressed and liquefied gas, 
to which has been added a non-volatile oil 
solution containing a pesticide. 



(37) (36) "Non-commercial certified 
applicator" shall mean any certified applica- 
tor not employed by a licensed individual. 

(38) (37) "Open porch" means any porch with- 
out fill in wfuch the distance from the bot- 
tom of the slab to the top of the soil beneath 
the slab is greater than 12 inches. 

(39) (-38) "Percolation" (as used in Rule 
.0503(c)(2) of Section .0500) means the 
leakage or movement of a pesticide from the 
initial point of application by the action of 
the water. 

(39) "Practical experience" moans the applica 
tie» eft ef direct supervision ef the applica 
tie» »f-7 measurer * , excluding mechanical 
devices, employ e d h* the control ef- house 
hold pests, the control ef wood destroying 
organisms, a«4 fumigation. 

(40) "Residential structure" means any build 
iftg e* structure wh e th e r public ef private, 
vacant t+f occupied, aft4 adjacent outside af- 
eas which servo as living quarters fof man. 
used as a permanent dwelling such as a sin- 
gle- or multi-familv home, a condominium 
or townhouse or an apartment. 

(44) "Restricted uso pesticide" means a»v pes- 
ticido formulation which ha* been del or 
mined restricted » it* «*» by the United 
States Environmental Protection Agency, 
under Section 3 ef- Public Law 92 516 
and or the North Carolina Pesticide Board. 

(41) (-43) "Secretary" means the Secretary to the 
North Carolina Structural Pest Control 
Committee. 

(42) (43) "Service vehicle" means any vehicle 
used to transport the licensee or certified 
applicator or serviceman and/or their equip- 
ment and pesticides used in providing struc- 
tural pest control services. 

(43) (-44) "Slab-on-ground" means a concrete 
slab in which all or part of that concrete slab 
is resting on or is in direct contact with the 
ground immediately beneath the slab. 

(44) (-44) "Solid masonry cap" means a contin- 
uous concrete or masonry barrier covering 
the entire top. width and length, of any wall, 
or any part of a wall, that provides support 
for the exterior or structural parts of a 
building. 

(45) (-46) "Space spray" means any pesticide re- 
gardless of its particle size, which is applied 
to the atmosphere within an enclosed space 
in such a manner that dispersal of the pesti- 
cide particles is uncontrolled. Pesticidal fogs 
or aerosols, including those produced by 
thermal-aerosol generators (fogging ma- 
chines), shall be considered space sprays. 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



(46) (-4^ "Spot fumigation" means the applica- 
tion of a fumigant to a localized space or 
harborage within, on. under, outside of, or 
adjacent to, a structure for local household 
pest or rodent control. 

(47) f4$4 "Spot surface residual spray" means 
the application of pesticidal spray directly to 
a surface and only in specific areas where 
necessary and in such a manner that the 
pesticidal material will largely adhere to the 
surface where applied and will remain toxic 
to household pests or rodents or other pests 
for which applied for an extended period of 
time. 

(4<S) (49} "Structure" means all parts of a 
building, whether vacant or occupied, in all 
stages of construction. 

(49) (4©4 "Structural pests" means all pests that 
occur in any type of structure of man and 
all pests associated with the immediate en- 
virons of such structures. 

(50) (444 "Sub-slab fumigation" means the ap- 
plication of a fumigant below or underneath 
a concrete slab and is considered spot fumi- 
gation. 

(51) (4^4 "Telephone answering service 
location" means any location used for the 
sole purpose of receiving telephone mes- 
sages. 

(52) (434 "Termiticide(s)" (as used in Rule 
.0503, Subterranean Termite Control, and 
Rule .0505, Subterranean Termite Pre- 
vention) means those pesticides specified in 
Rule .0502. Pesticides for Subterranean 
Termite Prevention and or Control. 

(53i (444 "To use any pesticide in a manner in- 
consistent with its labeling" means to use 
any pesticide in a manner not permitted by 
the labeling. Provided that, the term shall 
not include: 

(A) applying a pesticide at any dosage, con- 
centration or frequency less than that 
specified on the labeling: 

(B) applying a pesticide against any target pest 
not specified on the labeling if the appli- 
cation is to the site specified on the label- 
ing, unless the EPA has required that the 
labeling specifically state that the pesticide 
may be used only for the pests specified 
on the labeling: 

(C) employing any method of application not 
prohibited by the labeling. 

(54) (4>4 "Type of treatment" means the 
method used to apply a pesticide formu- 
lation to a specific location. 

(55) (4H "Unauthorized personnel" means any 
individual or individuals not given specific 



authorization by the licensee or certified ap- 
plicator to areas to which access is restricted 
by these regulations. 

(56) (4?4 "Under direct supervision of means 
the act or process whereby application of a 
pesticide is made by a competent person 
acting under the instructions and control of 
a licensee or certified applicator who is re- 
sponsible for the action of that person and 
who is available if and when needed, even 
though such licensee or certified applicator 
is not physically present at the time and 
place the pesticide is applied. 

(57) (r*fy "Waiver" means a standard form pre- 
scribed by the committee which will, when 
completed correctly, permit the licensee to 
deviate from or omit one or more of the 
minimum treatment methods and proce- 
dures for structural pests which are set forth 
in the committee rules, regulations, defi- 
nitions and requirements. 

(58) f4Q4 "Wood-destroying insect report" me- 
ans any written statement or certificate is- 
sued, by an operator or his authorized agent, 
regarding the presence or absence of wood- 
destroying insects or their damage in a 
structure. 

(59) (404 "Wood-destroying organism" is an 
organism such as a termite, beetle, other in- 
sect, or fungus which may invade, inhabit, 
devour, or destroy wood or wood products 
and other cellulose material found in, on, 
under, in contact with, and around struc- 
tures. 

(6(1) (-£4-4 "Wood-destroying organism report" 
means any written statement or certificate 
issued, by an operator or his authorized 
agent, regarding the presence or absence of 
wood-destroying organisms or their damage 
in a structure. 

Statutory Authority G.S. 1 06-65. 29. 

SECTION .0300 - LICENSING AND 
CERTIFICATION 

.0301 FEES 

(a) License, certified applicator's identification 
card, and operator 's registered technician's iden- 
tification card fees shall not be prorated. All li- 
cense, certified applicators identification card 
and operator's registered technician's identifica- 
tion card fees shall be paid, in full, in advance of 
the examination. 

(4h -Nt* license, certified applicator's identified 
t+t*ft card, p* operator's identification «h4 shall 
be issued e* rone v . ed. &f (4*e results ef aft e xam 
ination mad e known where the fee is tendered ift 



10 



5:1 XORTH CAROLI.XA REGISTER April 2. 1990 



PROPOSED RULES 



the form ef a p e rsonal check until 4*e check has 
cl e ar e d tfo* bank. 

(b) (e) Personal checks for fees returned unpaid 
for any reason shall be treated in the same man- 
ner as though no fee had been tendered. 

(c) (4) All moneys tendered in payment of fees 
shall be in the exact amount required for said 
fees. 

Statutory Authority G.S. 106-65.29. 

.0302 APPLICATION FOR LICENSES AND 
CARDS: EXAMINATION 

(a) Application for licenses under the pro- 
visions of G.S. 106-65. 26(a) and (c): 

(4-9} Any applicant fof a license who foils te- 
paw a» examination may tafo* ©fte re e x 
aminution ©» » regularly scheduled exam 
ination date within »fte year from Ae dat e 
ef t4» f+fst- examination without paying 
another examination foe- 

(10) (4-fo All applicants passing the 
examination(s) for licenses shall apply for 
said licenses within six months from the 
date on which the examinations were 
passed. If such applicants fail to make 
application for said licenses, within the 
specified period, such applicants shall be 
required to take and satisfactorily pass re- 
examinations covering phases of structural 
pest control work for which licenses were 
applied before said licenses are issued. 

(444, Any applicant who fo4s a» examination 
may obtain h+s score from tfo» committee 
secretary, 4 application therefor is mad e 
m writing within 60 days from t4*e 4ate ef 
ttte committee secretary's written notice 
to tfo* applicant t4 fos failure. 

(11) (44) If an applicant [within 60 days after 
notification that he has failed an 
examination] requests to review the 
examination(s), the division shall allow 
such review tfte examination^) with tfo> 
applicant during the earliest possible reg- 
ular review session. 

(b) Application for certified applicator's iden- 
tification card under the provisions of G.S. 106- 
65.26(a) and (b): 

(4) Any applicant fc* a certified applicator's 
identification eaf4 who foas te pass aft 
examination fway- t+4a» t+fte re examination 
»ft a regularly sch e dul e d examination date 
within »fte yea? from 4a* date t4 4a» f+fst- 
e xamination without paving another e*- 
ami nation foer 

(5) (4) All applicants passing the 
examination(s) for certified applicator's 



identification cards shall apply for said 
cards within six months from the date on 
which the examinations were passed. If 
such applicants fail to make application 
for said certified applicator's identification 
cards within the specified period, such 
applicants shall be required to take and 
satisfactorily pass re-examinations cover- 
ing phases of structural pest control work 
for which certified applicator's identifica- 
tion cards were applied before said cards 
are issued. 

(6) (4) Upon receipt of the application for 
examination, the committee secretary 
shall provide the necessary forms for the 
applicant to pre-register for the examina- 
tion as required in Rule .0302(c). 

(21 f$ Rule .0302(a)(2), (3), (5), (6), (7), (12) 
and (13) of this Section shall also apply 
to all applicants for certified applicator's 
identification cards. 

Statutory Authority G.S. 106-65.29. 

.0304 BRANCH OFFICE (REPEALED) 

Statutory Authority G.S. 106-65.29. 

.0305 FILING FORMS 

!«■ order t» carry taa 4» prov i sions ef G.S. 
106 65.25 a«4 fo 4h* interest »£ 4w public a«4 
structural pest- control licensees, an4 certified ap- 
plicatoro, all operator's identification eaf4 appli 
cations filed pursuant k* G.S. 106 65.31, a»4 all 
license a«4 c e rtifi e d applicator's id e ntification 
eaf4 applications All applications for a structural 
pest control license, certified applicator's card or 
registered technician's identification card shall be 
made on forms prescribed by the division. In- 
complete forms shall be returned to the appli- 
cant. No license, w certified applicator's 
identification card, or operator's registered tech- 
nician's identification card shall be issued, *;*»- 
newed, &* re issued until completed forms and 
required fees are received by the office &£ 4a» 
structural pest- control division. 

Statutory Authority G.S. 1 06-65. 29. 

.0306 MAILING OF RENEWAL FORMS 

On or before May 1 of each year the structural 
pest- control division shall forward renewal forms 
prescribed by 4+e division, fo+ licenses, certified 
applicator's identification cards, aftd op e rator's 
identification cards to all holders of licenses and 
identification cards for their use in applying for 
renewal of said licenses, certified applicator's 
identification cards, and/or operator's registered 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



11 



PROPOSED RULES 



technician's identification cards. Mailing of these 
forms shall be the only notice for renewal. 

Statutory Authority G.S. J 06-65. 29. 

.0310 COLLECTION OF CARDS OF FORMER 
EMPLOYEES 

(a) It shall he the responsibility of even' licen- 
see who has requested certified applicator's iden- 
tification cards and or operator's registered 
technician's identification cards for employees to 
notify the structural p*4 control division of all 
employees whose employment has terminated 
with that company prior to the end of the license 
year. Such notification shall be mailed to the 
structural pe**- control division not more than ten 
days after termination of employment. 

Statutory Authority G.S. 106-65.29. 

.0313 INFORMATION ON REGISTERED 

TECHNICIAN'S IDENTIFICATION CARDS 

(a) Aft operator's A registered technician's 
identification card shall contain, but not be lim- 
ited to, the following information: 

( 1 ) name of registrant; 

(2) name of licensee or employer; 

(3) name of licensee's company; 

(4) address of licensee's company; 

(5) license number and phase(s) of licensee; 

(6) age, weight, height, color of hair and eyes 
of registrant; 

(7) job classification of card holder; 

(8) issuance date, expiration date and license 
year covered by card. 

(b) The operator's registered technician's iden- 
tification card and the license of the employer of 
the card holder shall bear the same license num- 
ber and license phase(s). Each operator s regis- 
tered technician's identification card shall bear 
only one license number, one company name, 
and not more than three license phases. 

(c) A licensee or non-commercial certified ap- 
plicator applying for the issuance or renewal of 
*ft operator's registered technician's identification 
card for his employee shall certify to the division 
that the employee has completed employee 
training approved by the committee in structural 
pest control work. 

(d) In the event the committee approves em- 
ployee training materials produced by the divi- 
sion, such materials shall be purchased by all 
structural pest control licensees and bv at least 
one non-commercial certified applicator at each 
huMnes s location at a cost determined by the 
committee: provided, however, a licensee who is 
performing work under the structural pest con- 



trol license of another shall not be required to 
purchase the training materials. 

Statutory Authority G.S. 106-65.29. 

.0317 LICENSE AND/OR CARD ISSUED TO 
ADDRESS OR HOME OFFICE 

The license and or certified applicator's identifi- 
cation card shall be issued to the licensee and/or 
certified applicator at the address of his branch 
home office in North Carolina. 

Statutory Authority G.S. 106-65.29. 

.0318 CHANGE IN STATES OF LICENSEE 
AND/OR CERTIFIED APPLICATOR 

fe} When there is a transfer »f other chang e »f 
ownership, management e* operation ef a busi 
Hess e£ a licensee as provided » G.S. 
106 65.27(c). tfte individual, firm, partnership, 
corporation ©f other e ntity shall, within W days 
designate » writing te tbe division, ifte name ef 
ffte person responsibl e fof aftd i» charge el tftt* 
structural pest control operations &f ««4 busmess 
e* agency during Vfte 00 day p e riod. 

Statutory Authority G.S. 106-65.29. 

.0319 FILING CALL OFFICE LOCATIONS 

A complete listing of all telephone answering 
service call office locations in North Carolina, 
including complete names and addresses, shall 
be filed with the committee secretary on or before 
July 1 of each year by the licensee on a form 
prescribed by the division. All deletions, addi- 
tions, and other changes in telephone answ e ring 
servic e call office locations shall be filed with the 
committee secretary, within 30 days of such 
change, by the licensee, on a form prescribed by 
the division. This form may be obtained bv 
writing the North Carolina Department of Agri- 
culture, Structural Pest Control Division. P.O. 
Box 27647, Raleigh. NC 2^11 or bv calling 
(9191 733-6100. 



Statutory Authority G.S. 106-65.29. 

.0320 DISPLAY OF LICENSE NUMBER ON 
SERYICE VEHICLE 

The license number and phase(s) of each licen- 
see in charge of an a branch office or the com- 
pany name of the licensee as specified in Rule 
.0326 shall be prominently displayed on both 
sides of all service vehicles of that branch office, 
but shall not be required on vehicles used exclu- 
sively in selling structural pest control work. 
Vehicles requiring display of license number(s) 
and phase(s) or company name shall bear such 
display within 30 days after the date on which 



12 



5:1 M)RTH CAROLI.XA REGISTER April 



1990 



PROPOSED RULES 



said vehicle(s) is required to be so identified. The 
license number and license phase(s) or company 
name displayed on said vehicles of a branch an 
office shall be the same as the license number and 
license phase(s) or company name borne by the 
license or the person in charge of that branch 
office. All said vehicles of a company may bear 
the same license number even though the com- 
pany may have more than one licensee or branch 
office; provided, however, notice is made in 
writing annually to the committee and the com- 
mittee approves the license number used in such 
cases. The license number and license phase(s) 
or company name and all other letters displayed 
on said vehicles, shall be a minimum of two 
inches in height, in bold print on a background 
of contrasting color. The license number shall 
be designated as: North Carolina Pest Control 

License No. . This may be abbreviated 

to N.C. Pest Control Lie. 



Statutory Authority G.S. 106-65.29. 

.0322 EXPIRATION OF LICENSES AND 
CARDS (REPEALED) 

Statutory Authority G.S. 106-65.29. 

.0323 DISPLAY OF LICENSE AT PLACE(S) 
OF BUSINESS 

All structural pest control licenses shall be kept 
at the business address on the license. In the case 
of a non-resident license holder, the license shall 
be kept at the branch office shown on license 
certificate, unless authorization is obtained from 
the division to keep the license at the address of 
the resident agent. All licenses shall be subject 
to inspection by the enforcement agency division 
anytime during regular business hours. 

Statutory Authority G.S. 1 06-65. 29. 

.0326 INFORMATION ON LICENSE 
CERTIFICATE 

(a) The license certificate shall contain, but not 
be limited to, the following information: 
(3) address of branch office, 

Statutory Authority G.S. 106-65.29. 

SECTION .0500 - WOOD-DESTROYING 
INSECTS 

.0505 SUBTERRANEAN TERMITE 

PREVENTION/RES. BLDGS UNDER 
CONST. 

(a) Basement or Crawl-Space Construction 
(1) Trout the &e4i Establish a vertical barrier in 
the soil along inside of the main founda- 



(2) 



tion wall; the entire perimeter of all mul- 
tiple masonry chimney bases, pillars, 
pilasters, and piers; and both sides of par- 
tition or inner walls with a termiticide 
from the top of the grade to the top of the 
footing. 

After a building or structure has been 
completed and the excavation filled and 
leveled, so that the final grade has been 
reached along the outside of the main 
foundation wall, tr e at the soil establish a 
vertical barrier in the soil adjacent to, 
along and not more than eight inches 
from, the outside of the main foundation 
wall with a termiticide from the top of the 
grade to the top of the footing; except 
that, where drain tile, french drains or 
other foundation drainage systems present 
a hazard of contamination outside the 
treatment zone, treatment shall be per 



formed in a manner that will not intro- 



duce termiticide into the drainase system. 



m 



Tr e at ail- voids ef mason ry foundation 
walls, piers, pillars, pilasters, chimn e ys, 
and other supporting &f attached ««+*■ 
masonry structures except where voids a#e 
te- be capped with a solid maso nry ea» 
consisting e£ solid concret e of masonry. 

(3) (-I-)- Treat soil Kstablish a horizontal barrier 

in the soil within three feet of the main 
foundation, under slabs, such as patios, 
walkways, driveways, terraces, gutters, 
etc., attached to the building. Treatment 
shall be performed before slab is poured, 
but after fill material has been spread. 

(4) (4} T-feat so4 Establish a horizontal barrier 

in the soil under the entire surface of floor 
slabs, such as basements, porches, en- 
trance platforms, garages, carports, 
breezeways, sun rooms, etc. The treat- 
ment shall be performed before slab is 
poured but after fill material has been 
spread. 

[_5j f6} Tfeat soil Establish a vertical barrier in 
the soil around all critical areas, such as 
expansion and construction joints and 
plumbing and utility conduits, at their 
point of penetration of the slab or floor 
or. for crawl space construction, id the 
point of contact with the soil. 

(6) h concrete slabs are poured prior to treat- 
ment, treatment of slabs shall be per- 
formed as required by Rule .fl 503(a) or 
(b): Except that; the buyer of the prop- 
erty may release the licensee from further 
treatment of slab areas under this Rule 
provided such release is obtained in. writ- 
ing on the form prescribed by the Divi- 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



13 



PROPOSED RULES 



sion. This form may be obtained by 
writing the North Carolina Department 
of Agriculture^ Structural I'est Control 
Division, P.O. Box 27647, Raleigh, NC 
2761 1 or by calling (9191 733-6100. 



Statutory Authority G.S. 106-65.29. 

.0506 SUBTERRANEAN TERMITE 

PREYENTION/COML. BLDGS. UNDER 
CONST. 

(a) All treatments performed pursuant to Rule 
.0506 shall be performed at the label recom- 
mended rate and concentration only. 

(b) Minimum Treatment Requirements: 

(1) Establish a yertical barrier in the soil along 
inside of the main foundation wall; the 
entire perimeter of all multiple masonry 
chimney bases, pillars, pilasters, and piers; 
and both sides of partition or inner walls 
with a termiticide from the top of the 
grade to the top of the footing. 

(2) After a building or structure has been 
completed and the excavation filled and 
leyeled, so that the final grade has been 
reached along the outside of the main 
foundation wall, establish a yertical barrier 
in the soil adjacent to, along and not more 
than eight inches from, the outside of the 
main foundation wall with a termiticide 
from the top of the grade to the top of the 
footing; except that, where drain tile, 
french drains or other foundation drainage 
systems present a hazard of contamination 
outside the treatment zone, treatment 
shall be performed in a manner that will 
not introduce termiticide into the drainage 
system. 

(3) Establish a horizontal barrier in the soil 
within three feet of the main foundation, 
under slabs, such as patios, walkways, 
driyeways, terraces, gutters, etc. Treat- 
ment shall be performed before slab is 
poured, but after fill material has been 
spread. 

(4) Establish a yertical barrier in the soil 
around all critical areas, such as expansion 
and construction joints and plumbing and 
utility conduits, at their point of pene- 
tration of the slab of floor or, for crawl 
space construction, at the point of contact 
with the soil. 

(5) If concrete slabs are poured prior to treat- 
ment, treatment of slabs shall be per- 
formed as required by Rule .0503(a) or 
(b). 

Statutoty Authority G.S. 106-65.29. 



SECTION .0600 - WOOD-DESTROYING 
ORGANISMS AGREEMENTS 

.0605 CONTRACTUAL AGREEMENTS WOOD- 
DESTROYING ORGANISMS 

(a) All agreements for the control and or pre- 
yention of wood-destroying organisms in existing 
structures shall be in writing. A copy of the ex- 
ecuted written agreement and waiver (if applica- 
ble) pertaining to said treatment(s) shall be 
presented to and furnished the property owner 
or his authorized agent, for acceptance, and shall 
clearly set forth or include the following: 

(2) Exact location of inspected property in- 
spected and or treated: 

(e) If the licensee provides preventive 
treatment(s) for subterranean termites to a 
structure(s) for someone such as a builder or 
construction company who is constructing the 
building(s) for someone else or with the purpose 
of offering the building(s) for sale, the licensee 
may enter into a single master agreement with the 
builder to provide the preventive treatment(s) for 
subterranean termites. This single master agree- 
ment shall include the following: 

(2) That information required in Rules 
.0605(d)(4), (5), (6), (7), (S), (9), (10), 
(11), aft4 (12), and (13) of this Section. 

(f) When a structure is treated under an a single 
master agreement with a builder, a»4 tke buyer 
ef sa*4 tr e at e d structur e , ©f h+s authorized agent 
is- issued a- written agreement. tfe# written agree 
ment issu e d tfee buyer shall include fee following: 
the licensee shall: 

( 1) Following completion of the treatment, 
and upon notification by the builder or 
buver, issue a written agreement to the 
initial u >r jv Mi.- -.'. ntten .ija-iiuiii is- 
sued to the buver shall include the fol- 
lowina: 



(A) f4-4 Complete name and address of the 
builder, or his authorized agent as it ap- 
pears on the builder's single master agree- 
ment; 

i B) (-3-)- That information required in Rules 
.0605(d)(1). (2). (3). (4). (5), (6), (7), (8), 
(9). and (11) a«4 (444 of this Section. The 
builder shall be issued a copy of any writ- 
ten agreement issued the buyer. 44** 
builder's copy shall *k*v show t4+e total 
price charged fof t+H* treatment. Rule 
.060 |(u) t4" fei* Section 4«il ake l»e- foi- 
lov i ed. 
(2) Maintain a record of each treatment per- 
formed on each structure to include the 
following information: 

(A) Exact location of the structure treated: 



14 



5:1 XORTH CAROLLXA REGISTER April 2, 1990 



PROPOSED RULES 



(B) Date each treatment was performed; 

(C) The portion(s) of the structure treated. 

Statutory Authority G.S. 106-65.29. 

SECTION .0900 - DUTIES AND 
RESPONSIBILITIES OF LICENSEE 

.0904 PROHIBITED ACTS 

(b) The use of North Carolina Stato a struc- 
tural pest control license(s), e* certified 
applicator's identification card(s), e* operator's 
registered technician's identification card(s) or li- 
censee identification card(s) for any purpose 
other than identification is prohibited. 

(d) No licensee shall advertise, in any way or 
manner, as a contractor for structural pest con- 
trol services, in any phase(s) of work for which 
he does not hold a valid license(s) as provided for 
under G.S. 106-65. 25(a), unless said Licensee shall 
hold a valid certified applicator's identification 
card or operator's registered technician's identifi- 
cation card, as provided for under G.S. 
106-65.31, as an employee of a person who does 
hold a valid state license(s) covering phases of 
structural pest control work advertised. 

(f) No licensee, ef certified applicator or oper 
ator's registered technician's identification card 
holder shall advertise or hold himself out in any 
manner in connection with the practice of struc- 
tural pest control as an entomologist, plant pa- 
thologist, horticulturist, public health engineer, 
sanitarian, and the like, unless such person shall 
be qualified in such field(s) by required profes- 
sional and educational standards for the title- 
used. 

Statutory Authority G.S. 106-65.29. 

SECTION .1000 - TIME FOR FILING 
COMPLAINTS 

.1004 PROHIBITION AGAINST ASSOCIATION 
OF SUSPENDED OPERATOR 

Any person who has been denied a North Ga- 
rolina State structural pest control license, et 
certified applicator's identification card or opera 
tor's registered technician's identification card for 
any of the reasons specified in G.S. 106-65. 26(d) 
and or G.S. 106-65. 31(b), or who has had his li- 
cense, ef certified applicator's identification card 
or op e rator's registered technician's identification 
card revoked, or whose license, ef certified 
applicator's identification card or operator's reg- 
istered technician's identification card is under 
suspension under the provisions of G.S. 
106-65.28, or while acting as a member, officer, 
director, associate or employee of any structural 
pest control partnership, corporation, firm or as- 



sociation participating in any of the prohibited 
acts of these Rules aft4 Regulations or the 
Structural Pest Control Law for which the li- 
cense, ©f certified applicator's identification card 
or operator's registered technician's identification 
card was denied, suspended or revoked, shall be 
prohibited from serving as an officer, director, 
associate, or employee of a licensee and shall not 
participate in any phase of structural pest control 
work covered by said suspended or revoked li- 
cense or card. 

Statutory Authority G.S. 106-65.29. 

SECTION .1 100 - INSPECTION FEES 

.1102 DESIGNATION OF DEVIATIONS 

(a) Pof the purpose ef- these rul e s a«4 r e gu 
lations a discrepancy shall mean failur e ef the h- 
censoo e? certified applicator te- follow at*y- rul e , 
regulation, e* requirement as herein befor e set 
forth. 

(a) fb> The committee shall designate such tfc- 
crepuncies as major a&4 minor discr e panci e s all 
deviations as either primary or secondary and 
shall furnish notify each licensee and certified 
applicator a copy of its the designations. 

(b) (e) If a discr e pancy deviation is found by the 
enforcement agency, division, the agency division 
shall notify the licensee or certified applicator re- 
sponsible for the discrepancy deviation on an in- 
spection report or other form(s) prescribed by the 
committee. All such discrepancies deviations 
shall be corrected within 30 days of written notice 
from the enforcement agency division and the 
enforcement agency division notified, in writing, 
when this has been accomplished. Failure of the 
licensee or certified applicator to correct all such 
discrepancies deviations within this 30-day pe- 
riod, is a ground for disciplinary action by the 
committee. The committee secretary may, upon 
written request and for good cause shown, extend 
the period for correcting such discrepancies, de- 
viations. 

Statutory Authority G.S. 106-65.29. 

.1103 RE-INSPECTIONS 

(a) If a major discrepancy, primary deviation, 
as defined by the committee, is found by the di- 
vision, the licensee or certified applicator re- 
sponsible for said discr e pancy deviation shall be 
notified, in writing, as specified in Rule .1 102 (e) 
(b) of this Section of the discrepancy, deviation. 
At the end of 30 days from the date of notifica- 
tion a reinspection shall be made by the division 
to determine if the discrepancy deviation has 
been corrected. The licensee or certified appli- 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



15 



PROPOSED RULES 



cator responsible for the discrepancy deviation 
shall be charged a fee often dollars ($10.00) for 
the reinspection. The disclosure of a major dis- 
crepancy primary deviation by the division shall 
require a reinspection and correction of the major 
discrepancy primary deviation before the date of 
reinspection shall not relieve the licensee or cer- 
tified applicator of the responsibility to pay the 
reinspection fee as heretofore set forth. If the 
major discrepancy primary deviation is not cor- 
rected on the first reinspection date, the licensee 
or certified applicator shall be notified, in writing, 
and a second reinspection shall be made at the 
end of 30 days from the date of notification. A 
fee of fifty dollars ($50.00) shall be charged the 
licensee or certified applicator for the second re- 
inspection. If the major discr e pancy primary 
deviation is not corrected on the second rein- 
spection date, the licensee or certified applicator 
shall be notified, in writing, and a third rein- 
spection shall be made at the end of 30 days from 
the date of notification. A fee of one hundred 
dollars ($100.00) shall be charged the licensee or 
certified applicator for the third reinspection. 
This reinspection procedure shall be repeated at 
30-day intervals thereafter until all major dis- 
crepancies primary deviations have been cor- 
rected. A fee of one hundred dollars ($100.00) 
shall be charged the licensee or certified applica- 
tor for each reinspection made after the date of 
the third reinspection. If more than one major 
discrepancy primary deviation is found on a job 
at any time by the division or committee, the li- 
censee or certified applicator shall be charged 
only one reinspection fee for each reinspection 
of the job. .AH such reinspection fees, as set forth 
herein, shall be paid within 30 days of written 
notice from the division or the committee. Fail- 
ure of the licensee or certified applicator to pay 
all such fees, within the time specified herein, is 
a ground for disciplinary action by the commit- 
tee. 

(b) If a minor discrepancy, secondary devi- 
ation, as defined by the committee, is found by 
the enforcement agency, division, the licensee or 
certified applicator responsible for said discrep 
ancy deviation shall be notified, in writing, as 
specified in Rule .1102 (e) (_b_) of this Section, of 
the discrepancy, deviation. At the end of 30 
days from the date of notification, a reinspection 
shall be made by the enforcement agency division 
to determine if the discrepancy deviation has 
been corrected. If all minor discrepanci e s sec- 
ondary deviations are not corrected on the first 
reinspection date, the discrepancies deviations 
shall become major discrepancies primary del- 
ations and handled thereafter as specified in Rule 
.111)3 (a) of this Section. 



Statutory Authority G.S. 106-65.29. 

TITLE 4 - DEPARTMENT OF ECONOMIC 
AND COMMUNITY DEVELOPMENT 



Ivotice is hereby given in accordance with G.S. 
I SOB- 12 that the Sorth Carolina Banking Com- 
mission intends to amend rule (s J cited as 4 
NCAC 3C .0901 - .0903, .1001 - .1002; 3D .0301. 

1 he proposed effective date of this action is A u- 
gust 1, 1990. 



Th 



he public hearing will be conducted at 8:00 
a.m. on May 3, 1990 at Sorth Carolina Banking 
Commission. Dobbs Building - 6th Floor (Room 
62 10 J, 430 Sorth Salisbury Street, Raleigh, Sorth 
Carolina. 



Co 



■ ommeni Procedures: Comments must be sub- 
mitted in writing not later than Friday, April 27, 
1990. Written comments should be directed to: 

L. McNeil Chestnut 

General Counsel 

Sorth Carolina Banking Commission 

Post Office Box 29512 
Raleigh. Sorth Carolina 27526-0512 

CHAPTER 3 - BANKING COMMISSION 

SUBCHAPTER 3C - BANKS 

SECTION .0900 - OPERATIONS 

.0901 BOOKS AND RECORDS 
Each bank shall keep in permanent form, and 
available for examination by the representatives 
of the Commissioner of Banks, books and re- 
cords which reflect all the transactions of the 
bank in its true financial condition. Such records 
shall be so kept as to permit and facilitate a 
speedy examination, which will, in turn, reflect 
such financial condition to the representatives of 
the Commissioner of Banks. Without implying 
that these are the only books and records to be 
kept, but. on the contrary, that these are neces- 
sary books and records, as well as other books 
and records usually kept, the following are re- 
quired to be kept in the bank unless otherwise 
approved bv the Commissioner of Banks: 
I 1 ) Fach commercial bank or branch thereof 
in which notes or other forms of similar ob- 
ligations are retained must keep a an alpha- 
". -I liubilit; ledgei in th+s '. ' u.vi &ege 
must be shown separat e ly the direct a«4 m- 



16 



5:1 SORTH CAROLI.XA REGISTER April 2, 1990 



PROPOSED RULES 



direct obligations ef e ach p e rson indobtod t» 
t«e bank. Wher e the total direct and indi 

r-i-\ ,>t liwui' . ' / •* nnl ^^^^x^^L t ■ at-1 < li rn i .-■ 'hi /i rlnll'irr 
I \.^. I 111 H. J UU 11UI CTTC^CTT IV 1 1 t J 1U UJU1 1 VJ- oTTTTTTTTT 

($10,000.00), the indirect hfte seee set he 
shown. The direct hfte liability ledger must 
be kept in balance with the general ledger 
control. In a commercial bank whose au- 
tomated record system is not able to pro- 
duce an alphabetical liability ledger the bank 
must be able to produce an alphabetical 
listing of borrowers showing all of a cus- 
tomer's loan or customer account numbers 
and the amount outstanding under each 
number when called upon bv the Commis- 
sioner of Banks or his duly authorized agent. 
Jn addition to the direct liability ledger, each 
commercial bank or branch thereof in which 
notes or other forms of similar obligations 
are retained must keep an alphabetical indi- 
rect liability ledger showing a customers in- 
direct obligations bv loan name or account 
number and the balance outstanding under 
each account. Where the total of the direct 
and indirect lines do not exceed ten thou- 



sand dollars ($10.000), the indirect line may 
be omitted from the indirect liability ledger. 
The indirect liability ledger must be updated 
at least monthly Each commercial bank 
shall have the ability to produce both the 
direct and indirect liability ledgers in hard 
copy form upon call bv the Commissioner 
of Banks or his duly authorized agent. 

(2) A permanent reconcilement record must 
be kept, showing the monthly reconciliation 
of each account with correspondent banks. 
A signed review of such reconciliations must 
be made by some officer or employee of the 
bank other than the person composing 
same. 

(3) A permanent record must be kept of all 
stocks and bonds bought or sold. Also, 
there must be retained for review by exam- 
iners all original invoices of purchases and 
sales of securities. The record must show 
dates of purchases and sales, interest rates, 
maturities, par value, cost value, all write- 
ups or write-downs, a full description of the 
security, from whom purchased, to whom 
sold, selling price, and when, where and why 
pledged or deposited. This record must be 
maintained in balance with the general led- 
ger control. 

(4) A permanent record must be kept of all 
articles deposited for safekeeping. This re- 
cord must be se- maintained so as to make 
it possible to easily verify or trace any article 
se deposited. Receipts must be given and 
taken for all articles deposited or delivered. 



Inv e ntor , ' An inventory of parcels is not re- 
quired. 
(5) A permanent record must be kept of all 
items charged off. All chargeoffs must be 
authorized or approved by the executive 
committee or by the board of directors and 
such action recorded in their minutes. This 
record, among other things, must show the 
date of the chargeoff, a description of the 
asset and the amount. The record must be 
supported by the actual charged off items, 
or the final disposition of sam e , any item. 



In this record must also be recorded all re- 
coveries, giving dates and amounts. This 
Rule shall also apply to trust department 
chargeoffs which may be authorized and 
approved bv the trust committee of the 
board of directors. 

(6) A real estate record must be kept on all 
parcels owned, including the banking house. 
This record must show when, from whom, 
and how the property was acquired; date, 
cost price, book value, detailed income and 
detailed expenses. This record should be 
supported by appraisals, title certificates 
showing assessed value, tax receipts, and in- 
surance policies. 

(7) Proper minutes, showing clearly its action, 
must be kept for each committee, board of 
directors, board of managers, and stock- 
holders' meetings. All minutes must be 
signed by the chairman and the secretary of 
this meeting. 

(8) A permanent daily record must be kept of 
all cash items held over from the day's busi- 
ness, including all checks that would cause 
an overdraft if handled in the regular way. 
This record must show the name of the ac- 
count on whom the item is drawn or is ob- 
ligated for payment, the reason the item is 
being held, the date the item was placed in 
the cash items account, and the amount of 
the item. This record must be a daily record 
showing only those items held over at the 



business and be kept in 
with the general ledger or control 



end of each day'? 

balance 
figure. 



(9) A detailed record of income and expenses 
must be kept, balanced monthly, and a re- 
port thereof made to the executive commit- 
tee or board of directors, and the receipt of 
same noted in their minutes. 

(10) In the discretion of the Commissioner of 
Banks, he may require the preparation or 
maintenance of further books or records by 
specific banks or branches thereof. 

(11) Each industrial bank, at the tH«e ef the 
preparation ef oach ettll when preparing a 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



r 



PROPOSED RULES 



report of condition and income, must pw- 
pun * include and make a part of such this 
report a list of those whose obligations to 
the bank, whether ouch the obligations be 
are direct or indirect, »f »f and including 
paper purchased by the bank, are in excess 
of ten percent of capital, a»4 surplus, sur- 
plus and undivided profits. In lieu of such 
» report, this list, the bank must maintain a 
liability ledger in accordance with Sub- 
section (1) of this Rule. Any commercial 
bank making installment loans may, with 
reference to such installment loans, make the 
report specified in this section in lieu of the 
liability ledger required under Subsection (1) 
of this Rule. 

Statutory Authority G.S. 53-92; 53-110; 
150B-1I(1). 

.0902 REQUIRED ACCOUNTS 

In order that the books and records of the bank 
may properly reflect all of its liabilities, the fol- 
lowing reserve accounts must be set up and be 
properly maintained by all banks: 

( 1 ) Reserve for Interest Due Depositors. This 
reserve must be set up and proper entries 
made thereto at least once each month. As 
interest is paid to depositors, such payments 
shall must be charged to this account. Each 
month, as credits are made to this reserve, 
the amount should be charged to interest 
paid to depositors' accounts. 

(2) Reserve for Unearned Interest on Loans. 
All interest collected on notes must be cred- 
ited to this account on the day it is collected. 
At least once each month earned interest 
must be computed, be charged to this ac- 
count, and be credited to earned interest ac- 
count. Provided however, this 
Subparagraph does not apply to loans where 
interest is accounted for through an income 
earned not collected account. 



(3) 



Reserve for Taxes, Insurance, Etc. Based 
upon available information, including past 
experience, the approximate sum to be re- 
quired for taxes of all kinds and for insur- 
ance, including surety bond premiums, for 
all purposes for the year, must be estimated 
and this account must be credited at least 
once each month, and debits made to ex- 
pense accounts, for one-twelfth of the total. 
All payments for taxes and insurance, when 
made, must be charged to this reserve ac- 
count. Provided, however, in lieu of using 
a reserve account, a prepayment account 
may be established for insurance, and 



monthly charges made to the account to 
expense the appropriate amount. 

(4) Reserve for Depreciation. In order that the 
values carried on the books of the bank re- 
presenting fixed assets may be as nearly cor- 
rect as possible, each bank must set up and 
properly maintain a reserve for depreciation. 
Credits must be made to this account at least 
once each month for one-twelfth of the an- 
nual rate permitted for that particular asset 
by the United States Internal Revenue Ser- 
vice. 

(5) Bond Income Earned; Not Collected. At 
least once each month, the income on bonds 
earned during the month shall be charged to 
this account and credited to the bond in- 
come account. As coupons are collected, 
they shall be credited to this account. 

Statutory Authority G.S. 53-92; 53-110; 
150B-1K1). 

Eff. February 1, 1976. 

.0903 RETENTION: REPRODUCTION AND 
DISPOSITION OK BANK RECORDS 

(a) Each bank or branch thereof shall keep and 
retain in some safe and secure place the books, 
ledgers, records, and documents hereinafter set 
forth for the periods specified. 



Bank Records to 
be Retained 

ACCOUNTING 



Minimum 
Retention Period 



1. Daily Reserve Calculation 

and Averages 3 years 

2. Difference Records 

(Over/Short) 2 years 

3. Paid Bills and Invoices 3 years 

4. Quarterly Report of Condition 

and Income and Supporting 

Work Papers 5 years 

&: Quarterly Report e£ 

Income a«4 Supporting 

Work Papers ^ years 

6t Report ef I iquidity 2 years 

ADMINISTRATIVE 

1. Documentation of Chareed-off 



Assets 


10 years 


Escheat Reports and 




Records 


10 years 


Minute Books of Meetings 




of Stockholders, Directors, 




and Executive Committee 


Permanent 



18 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



AUDIT 



Audit Reports (Internal and 


i 


1 
2 


External) and Directors' 




3 


Examinations 


3 years 




Audit Work Papers 




4 


(Internal) 


3 years 





BANK PROPERTIES 

1. Fixed Assets-Evidence of 

Ownership (After 
Acquisition) 

2. Fixed Assets- Leases 

(After Termination) 

3. Real Estate-Construction 

Records 

4. Real Estate- Deeds 

5. Real Estate-Leases 

(After Termination) 



5 years 

5 years 

5 years 
Until conveyed 



CAPITAL 

1. Capital Stock Certificate 

Books, Stubs, or Interleaves 

2. Capital Stock Ledger 

3. Capital Stock Transfer 

Register 

4. Proxies 

COLLECTIONS 



5 years 



Permanent 
Permanent 

Permanent 
3 years 



Checks and Debits 

Daily Report on Overdrafts 

Deposit Resolutions 

(After Closed) 
Deposit Tickets and 

Credits 

5. Ledgers, Statements, 

or Stubs 

6. Letters of Administration 

7. Posting or Transaction 

Journals 

8. Powers of Attorney 

9. Return Item Records 

10. Signature Cards 

(After Closed) 

11. Stop Payment Orders 

1 2. Tax Waivers 

13. Undelivered Statements 

14. Unidentified or Unclaimed 

Deposit Records 

DUE FROM BANKS 

1. Advise of Entry (After 

Cleared) 

2. Drafts (After Paid) 

3. Draft Register or 

Carbon Copy 

4. Reconcilements 

5. Statements 



5 years 

2 years 

3 years 

5 years 

5 years 
5 years 

2 years 
5 years 
1 year 

5 years 
1 year 
1 year 
1 year 

L'ntil escheated 



3 months 
5 years 

Until paid 
3 years 
3 years 



1. Collection Registers 

( Income Incoming and 
Outgoing) 



2. Receipts and Advices 
(After Closed) 

CREDIT CARDS 

1. Borrowing Authority 

Resolutions (After 
Closed) 

2. Customer Application 

(After Closed) 

3. Disclosure and Compliance 

Documents 

4. Merchants' Agreement 

(After Closed) 

5. Posting or Transaction 

Journal 

6. Sales Tickets or Drafts 

7. Statement of Account 

DEMAND DEPOSIT AND 
TRANSACTION ACCOUNTS 



GENERAL LEDGER 



3 years after 


1. Daily Statement of 




item paid or 


Condition 


5 years 


returned 


2. General Journal (If 

Book of Original Entries, 




1 year 


with Descriptions) 


15 years 




3. General Ledgers 


15 years 




4. General Ledger Tickets 


5 years 




INSURANCE 




3 years 


1. Bankers Blanket Bond and 






Excess 


5 years 


1 year 


2. General Casualty Liability 






Policies Expired 


5 years 


25 months 


INTERNATIONAL 




2 years 








1. Bankers Acceptances 


3 years 


2 years 


2. Collection Records 


3 years after 


3 years 




item -paid or 


5 years 


3. Letters of Credit and 


returned 




Documents 


3 years 
after expiration 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



19 



PROPOSED RULES 



4. Transfer Orders (Wire or 
Written ) 

INVESTMENTS 

1. Accrual and Bond 

.Amortization or 
Accretion Records 
(After Period Ends) 

2. Brokers' Confirmations, 

Invoices, Statements 

3. Ledgers 



I year 



3 years 

3 years 
3 years 



LEASE RECEIVABLES (OTHER THAN 
REAL ESTATE) 

1. Lease Agreements and Documents 

(After Termination) 5 years 

2. Rental Payment Records 5 years 

3. Record of Disposition of 

Property 5 years 

LEGAL JLDICIAL AUTHORIZATION 

1. Attachments and or 

Garnishments 10 years 

2. Court Case Records (After 

Einal Disposition) 10 years 

3. Probate Court Appointment 

(After Closed) 10 years 

LOANS (COMMERCIAL. CONSLMER. 
MORTGAGE) 



1. Appraisals. Financing 

Statements, and Title 
Opinions Pertaining to 
Collateral 

2. Borrowins Resolutions 



Until paid 
3 years 

after pavment 
of debt 



3. Credit Files (Financial 

Statements. Applications. 
Correspondence I 
(After Paid) 

4. Collateral Records (After 

Released] 

5. Interest Rebate Records 

6. Liability Cards and or 

Ledgers (After Closed) 

7. Loan Ledger Cards or 

History Sheets (After 

Paid i ' 
S. Loan Proceeds Disbursement 

Records 
9. Loans Paid Record 



J years 

5 years 
1 year 

3 years 



3 years 

Until paid 

3 years 



10. Mortgage Files and 

Supporting Documents 
( After Paid) 

11. Note and or Loan Register 

(After Paid) 

12. Posting or Transaction 

Journal 

MAIL 

1. Insurance Records of 

Registered and Certified 

2. Registered and Certified 

Records (In and Out) 

3. Return Receipt Record 

MISCELLANEOUS 

1. Cash and Security Vault 

Records-Opening, 
Closing 

2. Taxes-Returns and 

Supporting Papers 



3. Travelers Checks- 
Applications 

MONEY TRANSFER 

1 . Copy of Incoming and 

Outgoing Transfers 

2. General Correspondence 

3. Receipts and Advices 

(After Closed) 

4. Transfer Request Records 

NIGHT DEPOSITORY 

1 . Customer Agreement 

(.After Closed) 

2. Customer Receipt 

3. Daily Inventory 

OFFICIAL CHECKS 

1. Official Checks (Dividend, 

Cashiers. Expense. Loan) 
and Monev Orders 
(.After Paid) 

2. Official Check Register or 

Carbon Copy 

3. Certified Checks or Receipts 

(.After Paid ) 

4. Certified Check Register or 

File Copy 



2 years 

3 years 
2 years 

1 year 

1 year 
1 year 



6 months 

3 years or until 

cleared by IRS 

and Dept. of 

Revenue 

1 \ear 



1 year 
1 year 

1 year 
1 year 



1 year 
1 year 
1 %'ear 



;> years 

L'ntil paid or 
escheated 

5 years 

L'ntil paid or 



20 



5:1 XORTH CAROLI.XA REGISTER April 2, 1990 



PROPOSED RULES 



5. Affidavits and Indemnity 
pertaining to Issuance of 
Duplicate Checks 

PROOF AND TRANSIT 

1. Advice of Correction 

2. Cash Tickets 

3. Outgoing Cash Letters and 

Accompanying Items 
(Microfilm) 

4. Proof Sheets, Tapes, and 

Listings 

SAFE DEPOSIT 



escheated 



Permanent 



6 months 
6 months 



2 years 
2 years 



I. 


Access Records 






(After Closed) 


3 years 


2 


Box History Card 


Permanent 


3. 


Contracts and Agreements 






(After Closed) 


3 years 


4. 


Forced Entry Records 


10 years 



SAFEKEEPING AND CUSTOMER 
SECURITIES 



1. 


Broker Confirmations, 






Invoices, Statements 


3 years 


2 


Buv and Sell Orders 


3 years 


3. 


Customer Contracts and 






Agreements (After Closed) 


3 years 


4. 


In and Out Records 






(Movement of Securities) 


3 years 


5. 


Safekeeping Receipts 






(After Closed) 


3 years 



SAVINGS AND TIME DEPOSITS 

1. Certificates of Deposit 

Paid 5 years 

2. Certificates of Deposit 

Records (Register, Ledger, 
Copy) 



3. Daily Report of Overdrafts 

4. Debits and Withdrawals 

5. Deposit and Credit Tickets 

6. Deposit Resolution (After 

Closed) 

7. Ledgers or Statements 

8. Posting or Transaction 

Journal 

9. Signature Cards, Contracts, 

and Agreements 
(After Closed) 

10. Undelivered Statements 



Until paid or 
escheated 

2 years 
5 years 
5 years 

3 years 
5 years 

1 year 



5 years 
1 year 



11. Unidentified or Unclaimed 
Deposit Records 

TELLERS 

1. Balance Sheets, Recaps, or 

Records 

2. Cash Item Report 

3. Machine Tapes, Cash 

Ticket Copies, Posting or 
Transaction Journals 

TRUST (Corporate) 

1. Account Ledger or Record 

2. Posting or Transaction 

Journal 

3. Bonds of Indemnity 

4. Stock Certificates 

(Cancelled) 

5. Dividend Checks -- Paid 

6. Dividend Check Register or 

Carbon Copy 

7. Bonds and Coupons -- 

Cancelled or Cremation 
Certificates 



8. Resolutions and 
Authorizations 



Until escheated 



1 year 
1 year 



6 months 



7 years after 
account closed 

7 years 
Permanent 

until returned to 
corporation 
5 years 

Until paid 
7 years after 

paid or until 
returned to 
corporation 

7 years after 
account closed 



TRUST (Employee Benefit) 
L_ Accountings 

2. Agreements, Authorizations 

and Resolutions 

3. Account I .edgcr or Record 

4. Disbursement Checks 



y Check Register or Carbon 

l 'op. 
6. Bonds of Indemnity 



TRUST (Personal) 

1. Accountings 

2. Agreements and 

Authorizations 

3. Account Ledger or Record 



6 


years after 


account closed 


6 


years after 


account closed 


6 


years after 


account closed 




6 years 




Until Paid 




Permanent 



3 years after 
account closed 

5 years after 
account closed 

7 years after 
account closed 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



21 



PROPOSED RULES 



4. Minutes of Committee 

Meetings 

5. Receipts for Assets 

Delivered 

6. Tax Return 

7. Disbursement Checks 

8. Check Register or Carbon 

Copy 

9. Bonds of Indemnity 



Permanent 

3 years after 
account closed 
10 years or 
until IRS clears 
5 years 

Until paid 
Permanent 



Statutory Authority G.S. 53-92; 53-104; 53-110; 
150B-11(1). 

SECTION .1000 - LOAN ADMINISTRATION 
AND LEASING 

.1001 CREDIT INFORMATION 

Each bank or branch thereof where notes are 
retained must have the following information: 

( 1 ) Current financial statements, obtained at- 
least annually, dated within the preceding 18 
months, and properly certified, must be on 
file from those directly liable to the bank in 
an amount of ten thousand dollars 
($10,000.00) or more, which obligations are 
unsecured, to the extent of ten thousand 
dollars ($10,000.00), or secured only by en- 
dorsements. This applies, also, to the en- 
dorser where such endorsements are the 
basis of credit . Whan * the maker e* endorser 
» a person b£ well known financial standing, 
a statement signed by- three members el tbe 
board ef directors e* tbe e x e cutiv e commit 
tee-r estimating the worth t4 tbe maker(s) 
and or endorser(s), wall be acceptable m be» 
»f a financial statement. 

(2) This Subpart does not apply to loans se- 
cured by real property: 

(a) A written appraisal of all collateral to loans 
must be made by the executive committee 
or loan committee of the bank or branch, 
or other reliable persons familiar with the 
value of the collateral, and must be kept 
on file where i» the bank t+f branch m- 
which the note is lodged. All appraisals 
must be renewed every 12 months, annu 
aUvr except as required in (2)(d) of this 
Rule. 

(b) The appraisal must include: 
(i) name of borrower, 

(ii) date made, 

(iii) value of collateral, 

(iv) signatures of at least two persons mak- 
ing the appraisal except as permitted in 
(2)(e) of this Rule, 



(v) brief description of collateral, 
(vi) amount of prior lien, 
(vii) original amount or outstanding bal- 
ance of the loan. 

(c) No appraisal is required: 

(i) on collateral to notes of less than twenty 
thousand dollars ($20,000.00); 

(ii) on loans fully secured by obligations of 
the United States or the State of North 
Carolina; 

(iii) on loans fully secured by deposits in the 
bank making the loan; 

(iv) on loans fully secured by the cash sur- 
render or loan value of life insurance pol- 
icies; 

(v) on loans fully secured by bonded ware- 
house receipts; 

(vi) on loans fully secured by listed securi- 
ties, unless such loans are within the pro- 
visions of the Securities Exchange Act of 
1934 as defined by Regulation "U," as 
amended, of the Board of Governors of 
the Federal Reserve System; On a loan of 
this type, an appraisal must be made and 
kept on file until the loan is paid; 

(vii) on floor plan loans to dealers fully se- 
cured by new automobiles, stationwagons, 
vans, and trucks; 

(viii) on discounted notes for a dealer where 
the note is given as the purchase price of 
an automobile, television set, washing 
machine, or property of a like character. 

(d) Appraisals need not be renewed annually: 
(i) where an automobile, stationwagon, or 

housetrailer is the sole collateral to a loan; 
(ii) where a truck or van not exceeding 
8,000 pounds empty weight is the sole 
collateral to a loan. 

(e) Appraisals may be signed by only one 
person: 

(i) where an automobile or stationwagon is 

the sole collateral to a loan; 
(ii) where a truck or van not exceeding 

8,000 pounds empty weight is the sole 

collateral to a loan. 
(3) All real estate given as security to loans of 
twenty thousand dollars ($20,000.00) or 
over, whether directly or indirectly pledged, 
must be appraised either by tbe executiv e e* 
loan committee, ef by- »et- lew than hve 
persons familiar with teal estate values m- tbe 
community wh e re tbe property py located. 
This appraisal must be m writing, must be 
dated, must be signed by- at- lea*4- twa> ef- tbe 
persons , making such appraisal tm4 be »«■ file 
m- t+ie bank. 4-be appraisal must state tbe 
amount ef tbe loan, amount (4 prior 14e«* 
a* disclosed b\- t4+e attorney's t+4e certificate. 



7 } 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



valu e ef improvements thereon, insuranc e 
carried, a«4 tax e s 4b«7 an4 should doscribo 
the prop e rty s» it may he easily identified: 
Provided, however, that a» appraisal pef- 
formed by a c e rtifi e d professional appraiser 
having ne interest » the property may he 
accepted m het± ef a» appraisal hy bank 
personnel, ami further provided that such 
indep e nd e nt appraisal moot the minimum 
requirements provided above, two members 
of the executive or loan committee who are 
familiar with real estate values in the com- 
munity where the property is located, or by 
two bank employees who are familiar with 
real estate values in the community where 
the property is located and who are not in- 
volved in the loan transaction secured by the 
property being appraised, or singularly by a 
State-licensed real estate appraiser or State- 
certified real estate appraiser or a person 
certified as a real estate appraiser by an ap- 
praisal trade organization. The person 
making an appraisal as provided by this 
Rule must be selected by the bank. The 
appraisal must be independent in that the 
appraiser is not involved in the loan trans- 
action secured by the property being ap- 
praised and has no interest, financial or 
otherwise, in the property. The appraisal 
must be in writing, must be dated, must be 
signed as required in this Subparagraph by 
the person(s) making the appraisal, and be 
on file with the loan documents. The ap- 
praisal must state the basis or approach used 
to determine the value of the property. A 
bank's appraisal form must show the 
amount of the loan, the current balance of 
any prior liens disclosed by the attorney's 
title certificate, segregate values of improve- 
ments from values of land, and describe the 
property so it may be easily identified. If a 
professional appraisal form is used which 
does not have all of the required information 
in this Subparagraph, the bank must com- 
plete and attach its own appraisal form, 
signed by one of its employees, to the out- 
side appraisal report disclosing the required 
information. 
(4) A certificate e4 title furnished hy a compe 
tewt attorney at law t+f tith* insurance issued 
hy a company approved hy the Commis 
sionor &f Hanks must accompany each deed 
©f tni ' . t (*? mortgage given as security b» 
feaes »f tea thousand " dollars (S10, 000.00) 
ef o\ or. I -'or loans secured hv real property. 
a certificate of title furnished bv a competent 
attorney at_ law or title insurance issued by 
a comp;in\' licensed bv the Commissioner 



of Insurance must accompany each deed of 
trust or mortgage given as security on loans 
of twenty thousand dollars ($20,000) or 
over. Provided that any loan which is based 
primarily on the borrower's general credit- 
worthiness and projected income, whether 
or not accompanied by a deed of trust or 
mortgage, is not considered a loan secured 
by real property, and the first sentence of 
this Subparagraph shall not apply to any 
such loan. 

(5) Where stock certificates, or similar securi- 
ties, are accepted as collateral to loans, they 
must be endorsed and witnessed in ink, or 
accompanied by a power of attorney signed 
and witnessed in ink. Where such collateral 
is in the name of another, other than the 
maker or endorser of the note, there must 
be on file in the bank written authority from 
the owner permitting the hypothecation of 
the collateral. 

(6) Loans made directly to corporations must 
be supported by certified copies of resol- 
utions of the board of directors of the cor- 
poration, authorizing the making of such 
loans. 

(7) Loans made directly to partnerships unless 
all- partners sign- me note, must be supported 
by a declaration by the partners showing the 
composition of the partnership a«4 the pro 
portionato part owned hy e ach partn e r, and 
unless all partners sign the note, the author- 
ity of t» the partn e r partner(s) executing the 
note to bind the partnership, therefor. 

(8) Full credit information on all unlisted se- 
curities, now owned or hereafter purchased 
or acquired, must be secured and kept on file 
in the bank. 



Statutory 
ISOB-U(l). 



■luthority G.S. 53-92; 53-110; 



.1002 LEASING OF PERSONAL PROPERTY 

Each bank or branch thereof acquiring and 
leasing personal property or personal property 
subject to an existing lease together with the les- 
sor's interest therein and incurring such addi- 
tional obligations as may be incident to 
becoming an owner and lessor of such property 
may do so only when subject to the following 
restrictions: 

(1) Before the acquisition thereof upon the 
specific request and for the use of the cus- 
tomer the prospective lessee shall execute an 
agreement to lease such property. 

(2) During the minimum period of the lease, 
terms require payment to the bank rentals 
which in the aggregate will exceed the total 



5:7 NORTH CAROLINA REGISTER April 2, 1990 



23 



PROPOSED RULES 



expenditures by the bank for or in con- 
nection with the ownership, maintenance, 
and protection of the property. In deter- 
mining the total expenditures under this 
Regulation, a bank may deduct a realistic 
residual value in determining the rentals to 
be charged during the term of a lease agree- 
ment. Anv unguaranteed portion of the es- 
timated residual value relied upon bv the 
bank to calculate total expenditures under 
this Regulation may not exceed 25 percent 
of the original cost of the property to the 
■ssor. The amount of any estimated resi- 
dual value guaranteed bv a manufacturer, 
the lessee, or a third party, which is not an 
affiliate of the bank, may exceed 25 percent 
of the onginal cost of the property where the 
bank has determined, and can provide full, 
supporting documentation, that the guaran- 
tor has the resources to meet the guarantee. 

(3) The total leasing obligations or rentals to 
any bank of any person, partnership associ- 
ation, or corporation shall at no time exceed 
the legal limit permitted by G.S. 53-48. 

(4) The overall investment of the bank in such 
property leased to all lessees shall at no time 
exceed 200 percent of its unimpaired capital 
fund as defined in G.S. 53-1(9). 

(5) The bank shall at all times maintain ade- 
quate protection by way of insurance or in- 
demnity provided by the lessee, ©f both, 
against toft liability &f liabilities »» warran 
tie* as to such propertios. 

(6) No such lease or other agreement shall ob- 
ligate the bank to maintain, repair, or service 
personal property in connection with any 
lease held by it. 

(7) No personal property acquired pursuant to 
the ownership or lease of personal property 
shall be included in the computable invest- 
ment in fixed assets under G.S. 53-43(3). 

(S) Rental payments collected by the bank un- 
der lease arrangements shall be rent and shall 
not be deemed to be interest or compen- 
sation for the use of money loaned. 

(9) I'pon expiration of any lease whether by 
virtue of the lease agreement or by virtue of 
the retaking of possession by the bank, such 
personal property shall be re-let, sold, or 
otherwise disposed of, or charged off within 
one year from the time of expiration of such 
lease. 

Statutory Authority G.S. 53-92: 53-104; 
150B-1K1). 

SUBCHAPTER 3D - BANKS ACTING IN A 
FIDUCIARY CAPACITY 



SECTION .0300 - TRUST DEPARTMENT 

.0301 DEFINITIONS 

As used in this Section, the following definitions 
apply: 

(1) The term "trust business" shall be con- 
strued to mean the business of settling es- 
tates, administering trusts and guardianships 
and performing agencies in all appropriate 
cases for individuals; partnerships: associ- 
ations: business corporations; public, educa- 
tional, social, recreational, and charitable 
institutions; and units of government. 

(2) The term "trust" shall be construed to in- 
clude, where the text does not indicate to the 
contrary, all property held by the trust de- 
partment of a bank in a fiduciary capacity. 

(3) "Fiduciary" means a bank undertaking to 
act alone or jointly with others primarily for 
the benefit of another in all matters con- 
nected with its duties and responsibilities as 
trustee executor, administrator, registrar of 
stocks and bonds, guardian of estates, assig- 
nee, receiver, committee of estates of lunat- 
ics, managing agent, and any other similar 
capacity. 

(4) "Managing agent" means the fiduciary re- 
lationship assumed by a bank upon the cre- 
ation of an account which confers 
investment discretion on the bank and 
which imposes upon it the fiduciary respon- 
sibilities imposed upon executors, adminis- 
trators, guardians, or trustees under will or 
deed, but as to which the technical legal re- 
lationship is that of agent and principal. 

(5) The term "bank" shall be construed to in- 
clude, where the text does not indicate to the 
contrary, anv bank or nondepositorv trust 
company acting as fiduciary. 

Statutory Authority G.S. 53-92; 53-104; 
150B-11(1). 

****************** 



Ivotice is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Milk Commis- 
sion intends to amend ride cited as 4 XCAC ,' 
.0518. 

1 he proposed effective date of this action is A u- 
gust 1, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on May 3, 1990 at Room 3147, Dobbs 



24 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



Building, 430 N. Salisbury Street, Raleigh, N.C. 

27611. 

Comment Procedures: Written comments, data, 
opinions and arguments concerning the proposed 
amendments must be submitted by May 3, 1990, 
to the North Carolina Milk Commission, 430 N . 
Salisbury Street, Raleigh, N.C. 276/1, Attention: 
Grady Cooper, Jr., Executive Secretary. 

CHAPTER 7 - MILK COMMISSION 
SECTION .0500 - MARKETING REGULATIONS 

.0518 ASSESSMENT 

(a) For the purpose of defraying the expenses 
of the Milk Commission there is hereby levied 
an assessment of two- eeftts ($0.02) three cents 
(SO. 03) per hundredweight on all milk handled 
from all sources by the distributor and Vwe seats 
($0.02) three cents ($0.03) per hundredweight on 
all milk sold by producers. Each distributor shall 
pay the assessment levied on him and shall de- 
duct from producer payments the assessment of 
twe- eeftte ($0.02) three cents ($0.03) per hun- 
dredweight on all producer milk and pay all such 
assessments to the Milk Commission. 

(b) The distributor assessments on all milk sold 
or transferred to other distributors where both 
the shipping and receiving distributor are located 
in an established marketing area shall be paid by 
the first distributor. Milk received by a distribu- 
tor from sources where no assessment by the 
Milk Commission is in effect shall be included in 
such distributor assessment. 

(c) All assessments shall be paid to the Milk 
Commission not later than the 18th day of each 
month following the delivery period and shall be 
deposited immediately in the designated State 
Depository' to the Treasurer of North Carolina 
for credit to the "Milk Commission Account." 



Statutory Authority 
106-266.11; 106-266 J 2. 



G.S. 



106-266.8(7); 



****************** 



1\ otice is hereby given in accordance with G.S. 
1 SOB- 12 that the Division of Community Assist- 
ance intends to amend rule(s) cited as 4 NCAC 
190 .0102; .0202; .0301 -.0304; repeal rule(s) 
cited as 4 NCAC 19Q .050 1 -.0503. 

1 he proposed effective date of this action is 
September I, 1990. 



1 he public hearing will be conducted at 3:00 
p.m. on May 10, 1990 at Second Floor Conference 
Room, 1307 Glenwood Avenue, Suite 250, Ra- 
leigh, N. C. 



Co 



omment Procedures: Comments may be pre- 
sented at the hearing or submitted by mail to: 
Deborah G. McCrae, Division of Community As- 
sistance, 1307 Glenwood Avenue, Suite 250, Ra- 
leigh, N. C. 27605. 

CHAPTER 19 - DIVISION OE COMMUNITY 
ASSISTANCE 

SUBCHAPTER 19Q - EMERGENCY SHELTER 
GRANTS PROGRAM ADMINISTRATIVE RULES 

SECTION .0100 - GENERAL PROVISIONS 

.0102 DEFINITIONS 

The following terms shall apply to the rules of 
this Subchapter: 

(1) 'Act" means the Stewart B. McKinney 
Homeless Assistance Act, P.L. 100-77, as 
amended. 

(2) '"Applicant" means a local government 
which makes an application pursuant to the 
provisions of this Subchapter. 

(3) "ESGP" means the state-administered 
Emergency Shelter Grants Program. 

(4) "Local Government" means any unit of 
general city or county government in the 
state. 

(5) "NRCD" "ECD" means the North Caro- 
lina Department of Natural Resourc e s Eco- 
nomic and Community Development. 

(6) "Recipient" means a local government that 
has been awarded an ESGP grant and has 
executed a Grant Agreement with NRCD. 
ECD. 

(7) "Secretary" means the Secretary of the 
Department of Natural Rivjourcoo Eco- 
nomic and Community Development or his 
designee. 

(8) "Shelter" means an individual facility with 
the capacity to provide overnight lodging 
whose purpose is to assist homeless persons 
through activities funded under this Sub- 
chapter. Eor purposes of this program, the 
term "shelter" excludes substance abuse re- 
habilitation centers. 

(9) "State" means the State of North Carolina. 
(10) "Subrecipient" means a nonprofit ser- 
vice-providing agency that a recipient con- 
tracts with to cam" out services and activities 
funded under this Subchapter. 



5:7 NORTH CAROLINA REGISTER April 2, 1990 



25 



PROPOSED RULES 



f4-ty "Rehabilitation" means labor, materials, 
tool '. »«4 other costs t4 improving buildings, 
including: 
(a) repair directed toward »«• accumulation ef 

del erred maintenance'; 
(4>> replacement t4~ principal Fixtur e s *h4 
component ' , . e£ existing buildings; 



0+ 



installation t*f s e curity d e vic e s; a«4 
improvement through alterations »«4 a4- 
ditions to- e* enhancement e£ existing 
buildings, including improvement k+ in- 
crease A** elticient t*se e£ energy m build 



ings. 

(44+ "Renovation" mean ', rehabilitation th«4- 
involv e s costs e4 54 percent ef le« t4~ the- 
value t4 the building before rehabilitation. 

(13) "Major rehabilitation" m e ans rehabili 
tiition t+w-t- involv e s costs » excess »f 54 
percent »f 4*e value t4 (4*e building befor e 
rehabilitation. 

(44) ( 1 1) "Obligated" means the recipient or 
subrecipient has placed orders, awarded 
contracts, or performed similar transactions 
that require payment from the ESGP grant 
amount. 

(44} ( 12) "Expended" means purchases have 
been made, deliveries received, or costs in- 
curred for goods and services to be paid with 
ESGP funds. 



Authority G.S. 
576.3; P.L. 100- 



143-323; 143B-10; 24 C.F.R. 



SECTION .0200 - ELIGIBLE AND INELIGIBLE 
ACTIVITIES 

.0201 ELIGIBLE ACTIVITIES 

This Subchapter, in accordance with G.S. 
150B- 14(c), adopts by reference as eligible activ- 
ities those Operations Services »h4 Rehabili 
tation activities described as such in 24 CFR 
576.21(a) and in corresponding sections of the 
Act, as amended. Copies of these sections of 
federal law and regulation are available for public 
distribution from the Division of Community 
Assistance of NRCD. 1 CD. 

Authority G.S. 143-323: I43B-10; 15013-14; 24 
C.F.R. 576.21. 

SECTION .0300 - GENERAL KEQl IREMENTS 

.0301 APPLICATION KEQl IREMENTS 

(a) Local governments are required to submit 
applications in a manner prescribed by N R C 1 ) 
1 ( ' D in order to be considered for funding. Se- 
lection of applications for funding will be based 
primarily on information contained in the appli- 



cation, thus applications must provide sufficient 
information for NRCD ECD to evaluate them. 

(b) Applicants may apply for more than one 
grant and be awarded more than one grant, pro- 
viding the total amount of funds awarded to a 
single shelter does not exceed the maximum lim- 
its described in Rule .0302 of this Section. 

(c) NRCD ECD shall designate specific dates 
for submission of ESGP grant applications. 
Grant application submission dates will be an- 
nounced by NRCD ECD a minimum of 20 days 
before the date applications are due. 

(d) Applications must be received by NR.CD 
I -'CD administrative offices in Raleigh before 5:00 
p.m. on the submission date or, if sent by mail, 
must be postmarked on or before the submission 
date. 

(e) The applicant shall certify to NRCD ECD 
that it will comply with all applicable federal and 
state laws, regulations, rules and executive orders. 

(1) Copies of these federal and state docu- 
ments are available for public distribution 
from the Division of Community Assist- 
ance of NRCD. ECD. 

(2) Notwithstanding the provisions of Para- 
graph (d) in this Rule, certifications of 
compliance may be postmarked or re- 
ceived by NRCD ECD up to two weeks 
after the date the application is due. This 
provision applies only to certifications. 

(f) Applicants must comply with the Act, all 
applicable federal and state laws, regulations, 
rules, executive orders and guidelines issued by 
NRCD. ECD 

(§} Applicants shall direct suhrecipients U* e*4- 
laborate with appropriat e local s e n ic e agencies 
(including local rtft** mental health, m e ntal r e tar 
dation »«4 substanc e abuse authorities) when 
appropriate *h4 feasible, h* providing services k* 
their clients. 

Authority G.S. 143-323; 143B-I0: 24 C.F.R. 
576.81. 

.0302 SIZE OF GRANTS 

Grants are applied for and awarded in Hvo e«t- 
e gories: one category: Operations Services. t«+4 
R e habilitation. 

( 1 ) Operations Services. The maximum 

amount which may be applied for and 

awarded in the Operations, Services category 

depends on the size of the shelter on whose 

behalf the application is made. Shelter size 

shall be determined by overnight lodging 

capacity. Maximum awards per shelter are: 

(a) Twenty Thirty thousand dollars ($20,000) 

(JJ30.0IH)) for a shelter with a capacity of 

10 or fewer persons per night; 



26 



5:1 XORTH CAROLIXA REGISTER April 2, 1990 



PROPOSED RULES 



(b) Thirty Porty-five thousand dollars 
($30,000) ($45,000) for a shelter with a 
capacity from 1 1 to 20 persons per night; 

(c) Perty Sixty thousand dollars ($10,000) 
($60,000) for a shelter with a capacity of 
21 to 30 persons per night; 

(d) Fifty Seventy-five thousand dollars 
($50,000) ($75,000) for a shelter with a 
capacity of 3 1 or more persons per night. 

(-3} Rehabilitation. 44+e maximum grant 

■■tit; n i nt *^^^£ I f"ta\ltt,sr it | \~i t , g |-\ li^^i^ ) \_ t ■ i g"\ t-s li.i. 1 1 a \ i 1 

Bf awarded ift frbe Rohabilitation category is 
forty fi*# thousand dollar ; ' , ($45, 000). 

f-ty (_2| The minimum grant which may be ap- 
plied for m cither ei tb*» above categories or 
awarded is one thousand five hundred dol- 
lars ($1,500). 

(4) (3) Notwithstanding the provisions of Para 
graphs Paragraph (1) »«4 (4} in this Rule, 
NRCD 1'CD reserves the right to award 
grants for less than the requested amount in 
the event that the total amount of funds re- 
quested exceeds the total amount of funds 
available; NRCD FCD also reserves the 
right to award grants exceeding the amount 
requested if the total amount of funds re- 
quested is less than the total amount of 
funds available. 

Authority G.S. 143-323; 143B-10; 24 C.F.R. 576. 

.0303 DISTRIBUTION OF FUNDS 

A maximum of 2$ 20 percent of ESGP funds 
will be awarded to domestic violence shelters. 



TITLE 10 DEPARTMENT OF HUMAN 
RESOURCES 

iV otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Water Treatment Facility Oper- 
ators Board of Certification intends to amend 
rules cited as 10 NCAC 10E .0203, .0205; and 
repeal rule cited as 10 NCAC I0E .0204. 

1 he proposed effective date of this action is 
September 1, 1990. 

1 he public hearing will be conducted at 9:00 
a.m. on June 12, 1990 at James S. McKimmon 
Center, N.C. State University, Western Boule- 
vard, Raleigh, NC. 

Comment Procedures: Any person requiring in- 
formation may contact Mr. John C. McFadven. 
P.O. Box 27687, Raleigh. NC 27611, Telephone 
(919) 733-0379. Written comments may be sub- 
mitted to the above address 30 days prior to the 
public hearing. Written and oral comments may 
also be presented at the public hearing. Notice 
of an oral presentation must be given to the above 
address at least 3 days prior to the public hearing. 

CHAPTER 10 - HEALTH: ENVIRONMENTAL 
HEALTH 

SUBCHAPTER IOE - WATER TREATMENT 
FACILITY OPERATORS 



Authority G.S. 143-323; 143B-10; 24 C.F.R. 576. 

.0304 REALLOCATION 

Any ESGP funds recaptured by FCD. NRCD. 
a* provided fof i» R-«4* .060 I a«4 R-«l<* .0505 ef 
tb*? Subchapter w+lb if practicable, b*» added k» 
the amount available fof tbt* next round *4 fund 
ifter II t44*i » fh-4 feasible, t4*e r e captured funds 
will be reallocated in a maimer to be prescribed 
by NRCD. FCD. 

Authority G.S. 143-323; I43B-I0; 24 C.F.R. 
576.61. 

SECTION .0500 - REHABILITATION 
CATEGORY 

.0501 DEFINITION (REPEALED) 
.0502 ELIGIBILITY REQUIREMENTS 

(REPEALED) 
.0503 AWARDS (REPEALED) 

Authority G.S. 143-323: 14313-10: 24 C.F.R. 
576.21(a)(1). 



SEC! ION .0200 - QUALIFICATION OF 

APPLICANTS AND CLASSIFICATION OF 

FACILITIES 

.0203 DETERMINATION OF VARIOUS 
CLASSES OF CERTIFICATION 

(a) Determination of various classes of certif- 
ication shall be based on the classification of 
water treatment facilities to be operated. 

(b) The designation of plant classification shall 
be based on » the following point system: de- 
termined by- tbt» board i+«4 including tbe tolluw 
m% items: 

Unit Rating Valu e 

Ground $ 

Surface -- - — -- --5 

Surface with Reservoir 6 

Coliform Bact e ria le« 

tlvm 1 Q i-ii-r KKI uai 2 

Coliform Bacteria 

l n _ l (w) ,-,..,■ 1 op T „l ..A 

1 . \.t ^^ I 1 I ' .1 ri.T TTTTT Till ^ 

Coliform Bacteria 

±W - -MWU f** -WU »4 - —6 

Coliform Bacteria 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



2' 



PROPOSED RULES 



i_ogo - sum pep 400 mi S 

Colifonn Bacteria 

SJM* - 30,000 pw 400 m4— - --—43 

Aeration 3 

Coagulation 4-0 

Sedimentation £ 

Filtration 40 

Disinfection 40 

U*& Fxchange $ 

Adsorption 3 

Ch e mical Oxidation 3 

Softening 3 

Stabilization 3 

Fluoridation 4-0 

Raw Water Pumping — - ---$ 

Receiving Basin 4 

Pinished Water Pumping — § 

Storage at Plant 4 

Storage — Sy - t e m 3 

Pumpagc — See .020 1 trf 

this Section -—-4-40 

NDto: 44*e abov e bact e rial quality te- be 
determined bv methods s» defined ift t4*e 
latest edition e£ "Standard Methods fop t4*e 
Examination ef Water *b4 Wastewater". 
PARAMETER RATING VAILf 

I'OIVIS 

(1) Surface Water Source 

(A) flowing stream 5 

(B) Ho wing stream with 
impoundment 

(C) raw water treatment 

(CuSOq . etc.) 3 

(2) Ground Water Source 

(A ) first five wells 5 

( B) add j_ point per 

5 wells or fraction 

thereof over 5 J_ 

(3) Coagulation 

(A) aluminum sulfate, ferric 
chloride, etc. 10 

(B) polymer 5 

(4) Mixing 

(A) baffle 2 

(B) mechanical 4 

(C) air 3 

(5) Oxidation (pre-trcatmenf) 

(A) Ch (b 5 

(B) ozone 5 

(C) KMnD 4 3 

(D) CH 3 

(6) Carbon "I'reatment 2 

(7) Aeration 

(A) mechanical draft 3 

i B) coke trav splash trav 2 

(C) diffused 3 

(D) packed tower 

(V( )C reduction) 10 



(8) pH Adjustment (primary) 



(A) NaOH 




c . 


(B) lime soda ash 




3 


(£l acid (Hi S0 4i IICl 


etc.) 


5 


(9) Sedimentation 






(A) standard rate 




5 


(Bj tube settlers 




; 


(C) uptlow 




s 


(D) pulsators and plates. 


etc. 


5 


(10) Contact lank 




1 


(11) Filtration 






(A) pressure 






(i) sand anthracite 




s 


(ii) synthetic media (brim) 


8 


(ni) izranular activated 






carbon (GAC) 




10 


(B) gravity 






(i) sand 




in 


(ii) anthracite 






(mixed) GAC 




12 


(iii) with surface wash 






or air scour 




2 


(12) Ion Exchange 






(A) softener, Na cycle 




5 


(B) softener, H cycle 






(C) Fe and Mn (ereensand) 


10 


(D) mixed bed or split stream 


12 


(13) I lme Softening 






(A) spiractors 




10 


(B) clarifier with 






coaaulation 




12 


(C) fuel burner 






(recarbonation) 




5 


(14) Phosphate 






(sequestering agent) 




-> 


(15) Stabilization 






(A) acid feed 




5 


(B) phosphate 




2 


(C) caustic (NaOH) 




i 


(1)) lime soda ash 




3 


(E) contact units 






(calcifier, etc.) 




5 


(16) Reverse Osmosis. 






Plectrodialvsis 




15 


(17) Disinfection 






(A) gasCb 




10 


(B) hypochlorite solution 






(C) CH 0-> (sodium chlorite 




and Ch) 




13 


(D) ozone 




1 5 


(F) ammonia and Cl^> 




12 


(IS) Fluoridation 






(A) saturator 




8 


(B) dry teed 




8 


(C) solution (acid) 




In 


(19) Pumping 






(A) raw 




J 


(Bi intermediate 




i 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



(C) finished 


3 


(D) system booster 


2 


(20) Storage 




(A) raw 


1 


(B) treated ground level tank 


1 


(C) elevated in system 




(each extra tank 1 pt) 


2 


(D) hvdropneumatic 


2 


(21) Population Served 




1 point per 1,000 




persons served 


50 max. 


(22) Plant Capacity 




1 point per 1 MGD 




capacity 


25 max. 


(23) On-Site Quality Control 




(A) bacteriological 




(i) MPN/MF 


5 


(ii) UPC 


2 


(iii) MMO-MUG 




(Colilert) 


2 


im eh 




rij meter 


2 


(ii) L?_st kit 


1 


(C) fluoride 




(i) meter 


3 


(ii) colorimetric 


3 


(D) chlorine 




(i) titrator 


3 


(ii) colorimeter/spec. 


2 


(iii) test kit 




(E) iron 




(F) hardness 




(G) alkalinity 




(II) turbidity 




( I ) manganese 




(J) others (1 pt. each) 




(K) A. A. Spec, or G.C. Unit 


5 each 



Statutory Authority G.S. 90A-2I(c); 90A-22. 
.0204 PUMPAGE CHART (REPEALED) 

Statutory Authority G.S. 90A-21(c); 90A-22. 



.0205 CLASSIFICATION OF WATER 
TREATMENT FACILITIES 

(a} Classification of water treatment facilities 
will be based on the source of water and the 
number of points assigned each facility as taken 
from the table in .0203(b) of this Section. Clas- 
sifications are as follows: 
OassC-Well Q-4ftf*4ftte 

Class Q Surface ft - 60 points 

Q**&Wt4i 4+ - SO petftt* 

Class S Surface 44- - SO points 

(b4 fe- arriving at- ik» number *4 points to be 
allowed fof pumpago » &e table i» (*) ef t4«* 



Rule, pl e as e r e f e r to tbe chart d e scrib e d i» .0201 

ef tkis Section which is used » arriving at tbe 

pumpag e pointc 
(e) ¥ke class G certificate is automatically re- 

quirod fof surfac e supplios. 
Class C 0-50 points 

Class B 51- HO points 

Class A over 1 10 points 

Statutory Authority G.S. 90A-21(c); 90A-22. 
****************** 



iV otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Commission for Mental Health, 
Mental Retardation and Substance Abuse Services 
intends to amend rules cited as 10 NCAC 14K 
.0103, .0309, .0314 - .0315; 181 .0120; 18M .0408 

- .0409; adopt rules cited as 10 NCAC 14P .0101 

- .0102; 14Q .0101 - .0104, .0201 - .0204; .0301 - 
.0306; 14R .0101 - .0107, .0201, .0301 - .0303; 
14S .0101 - .0106. 

1 he proposed effective date of this action is Au- 
gust I, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on May 9, 1990 at Plaza Hotel, 4100 Glen- 
wood Avenue, Raleigh, NC 27612. 

Comment Procedures: Any interested person 
may present his/her comments by oral presentation 
or by submitting a written statement. Persons 
wishing to make oral presentations should contact 
Marilyn Brothers, Division of Mental Health, De- 
velopmental Disabilities and Substance Abuse 
Services. 325 N. Salisbury St., Raleigh, NC 
27611, (919) 733-4774 by May 9, 1990. The 
hearing record will remain open for written com- 
ments from April 9, 1990 through May 9, 1990. 
Written comments must be sent to the above ad- 
dress and must state the nde(s) to which the 
comments are addressed. Fiscal information on 
these rules is also available from the same address. 

CHAPTER 14 - MENTAL HEALTH: GENERAL 

SUBCHAPTER 14K - CORE LICENSURE RULES 

FOR MENTAL HEALTH: MENTAL 

RETARDATION AND OTHER 

DEVELOPMENTAL DISABILITIES: AND 

SI BSTANCE ABUSE FACILITIES 

SECTION .0100 - GENERAL INFORMATION 

.0 1 03 DEFINITIONS 

(c) The following terms shall have the mean- 
ings specified: 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



29 



PROPOSED RULES 



(33) "Farly Intervention Services" means 
those services provided for infants and 
toddlers specified in Section 3U3. 12 of 
Subpart A of Part 303 of Title 34 of the 
Code of Federal Regulations. This 
adoption by reference is in accordance 
with G.S. 150B-14(c). 

(34) (33} "Evaluation" means an assessment 
service which identifies the nature and ex- 
tent of an individual's problem through a 
systematic appraisal for the purposes of 
diagnosis and determination of the disa- 
bility of the individual and the most ap- 
propriate plan, if any, for services. Such 
appraisal shall include one or more of the 
following: mental, physical, behavorial, 
functional, social, economic and intellec- 
tual resources of the individual. 

(35) (-4-44 ''First aid" means emergency treat- 
ment for injury or sudden illness before 
regular medical care is available. First aid 
includes artificial respiration, the Heimlich 
maneuver, or other Red Cross first aid 
techniques for relieving airway ob- 
struction, care of wounds and burns, and 
temporary administering of splints. 

(36) (-4^4 "Governing body" means those per- 
sons who by law, charter, articles of in- 
corporation, partnership agreement, or 
other legally recognized manner have full 
legal authority for the overall operation 
of the facility. 

(37) "Health Services" means those services 
provided for infants and toddlers specified 
in Section 303.13 of Subpart A of Part 303 
of Title 34 of the Code of Federal Regu- 
lations. This adoption bv reference is in 



accordance with U.S. I50B-14(c). 
(3S) f4£>4 "Hearing" means a contested case 

hearing under G.S. 150B, Article 3. 
(39) (-^4 "High risk children" means those 

from birth to 36 months of age who: 

(A) have a diagnosed physical or mental 
condition which has a high probability of 
resulting in developmental delay or atypi- 
cal development: 

(B) have significant atypical patterns of de- 
velopment (perceptual, sensory, physical, 
behavioral, motor anomalies) that have a 
high probability of resulting in develop- 
mental delay or atypical development; or 

(C) have responded well to intervention ef- 
forts but for whom there is evidenced that 
their continued developmental progress 
cannot be assured without continued in- 
tervention. 

(' 40 ) <4&+ "Hours of operation" means an indi- 
cation of the minimum operational hours 



that a service is expected to be available 
to clients, but not prohibiting the typical 
closing of a sendee to accommodate holi- 
days, vacations, staff development activ- 
ities and weather and facility-related 
conditions but taking into consideration 
the type of service being provided. 

(41) m> "ICF/MR" (Intermediate Care 
Facility; Mentally Retarded) means a fa- 
cility certified as having met federal 
ICF,MR requirements and which pro- 
vides 24-hour personal care, habilitation, 
developmental and supportive services to 
persons with mental retardation or related 
conditions. 

(42) f4fty "Incident" means any happening 
which is not consistent with the routine 
operation of the facility or the routine care 
of a client and that is likely to lead to ad- 
verse effects upon a client. 

(43) f444 "Individual goal plan" (for clients 
with mental retardation or other develop- 
mental disabilities) means a written plan 
which includes measurable, date-specific, 
short-range objectives which are assessed 
and developed or restated at least quar- 
terly based on the strengths and needs of 
the client and which identifies specific staff 
responsibilities and relates to the annual 
individual program plan. 

( 44) (-44+ "Individual program plan" (for cli- 
ents with mental retardation or other de- 
velopmental disabilities) which is 
sometimes referred to as an "habilitation 
plan," means a written plan which in- 
cludes long-range objectives for the client 
based on evaluations, observations and 
other client assessment data and which is 
implemented following admission of the 
client, and assessed and redeveloped at 
least annually from the date of placement. 
The individual program plan includes a 
written summary of the client's progress 
regarding previous program plans. 

<45) (44} "Individual treatment plan" (for 
mental health and substance abuse clients) 
means a plan of treatment for the client. 
The plan contains time-specific short and 
long term goals and strategies for imple- 
menting the goals, and identifies direct 
care staff responsible for the provision of 
treatment and rehabilitation services to 
the client. The individual treatment plan 
is synonymous with the individual service 
plan. 

(46) f444 "Infant" means an individual from 
birth through two vears of age. 



10 



5:1 \ORTH CAROLI.XA REGISTER April 2, 1990 



PROPOSED RULES 



(47) (44) "Isolation time-out" means the re- 
moval of a client from positive reinforce- 
ment to a separate room from which exit 
is barred but which is not locked and 
where there is continuous supervision by 
staff. 

(48) (44) "Legend drug" means a drug that 
cannot be dispensed without a pre- 
scription. 

(49) (43) "License" means a permit to operate 
a facility which is issued by DFS under 
G.S. 122C, Article 2. 

( 50) (4&) "Medication" means a substance re- 
cognized in the official "United States 
Pharmacopoeia" or "National 
Formulary" intended for use in the diag- 
nosis, mitigation, treatment or prevention 
of disease. 

(51) (-49} "Minor client" means a person under 
1 8 years of age who has not been married 
or who has not been emancipated by a 
decree issued by a court of competent ju- 
risdiction or is not a member of the armed 
forces. 

(52) (40) "Neighborhood" - See "residential 
setting". 

(53) (444 "Nurse" means a person licensed to 
practice in the State of North Carolina 
either as a registered nurse or as a licensed 
practical nurse. 

(54) (42) "Operator" means the designated 
agent of the governing body who is re- 
sponsible for the management of a licens- 
able facility. 

(55) (444 "Parent" means the biological or 
adoptive mother or father of a minor cli- 
ent or person who has been appointed to 
serve as a surrogate parent. 

(56) (444 "Physical examination" means the 
procedures used by a physician or physi- 
cian extender on behalf of a physician to 
determine the physiological and anatom- 
ical condition of the client. Physical ex- 
amination also means medical 
examination. 

(57) {^S^ "Physician extender" means a nurse 
practitioner or a physician assistant ap- 
proved to perform medical acts by the 
Board of Medical Examiners of the State 
of North Carolina. 

(58) (46) "Preschool age child" means a child 
from three through five years of age. 

(59) (43} "Private facility" means a facility not 
operated by or under contract with an 
area program. 

(60) (48) "Program evaluation" means the 
systematic documented assessment of 
program activity to determine the effec- 



tiveness, efficiency and scope of the sys- 
tem under investigation, to define its 
strengths and weaknesses and thereby to 
provide a basis for informed decision- 
making. 

(61) (49) "Provider" means an individual, 
agency or organization that provides 
mental health, mental retardation or sub- 
stance abuse services. 

(62) (46) "Psychiatric nurse" means an indi- 
vidual who is licensed to practice as a re- 
gistered nurse in the State of North 
Carolina by the North Carolina Board of 
Nursing and who is a graduate of an ac- 
credited master's level program in psychi- 
atric mental health nursing with two years 
of experience, or has a master's degree in 
behavioral science with two years of su- 
pervised clinical experience, or has four 
years of experience in psychiatric mental 
health nursing. 

(63) (444 "Psychiatric social worker" means an 
individual who holds a master's degree in 
social work from an accredited school of 
social work and has two years of clinical 
social work experience. 

(64) (43) "Psychiatrist" means an individual 
who is licensed to practice medicine in the 
State of North Carolina and who has 
completed an accredited training program 
in psychiatry. 

(65) (44) "Psychotherapy" means a form of 
treatment of mental illness or emotional 
disorders which is based primarily upon 
verbal or non-verbal communication with 
the patient. Treatment is provided by a 
trained professional for the purpose of re- 
moving or modifying existing symptoms, 
of attenuating or reversing disturbed pat- 
terns of behavior, and of promoting posi- 
tive personality growth and development. 

(66) (44) "Psychotropic medication" means 
medication with the primary function of 
treating mental illness, personality or be- 
havior disorders. These medications in- 
clude, but are not limited to, 
antipsychotics, antidepressants, neurolep- 
tics, lithium and minor tranquilizers. 

(67) (44f "Qualified alcoholism professional" 
means an individual who is certified by 
the North Carolina Substance Abuse 
Professional Certification Board or who 
is a graduate of a college or university with 
a baccalaureate or advanced degree in a 
human service related field with doc- 
umentation of at least two years of super- 
vised experience in the profession of 
alcoholism counselina. 



5:7 NORTH CAROLINA REGISTER April 2, 1990 



U 



PROPOSED RULES 



(68) (44) "Qualified developmental disabilities 
professional" means an individual holding 
at least a baccalaureate degree in a disci- 
pline related to developmental disabilities, 
and at least two years of supervised habi- 
litative experience in working with the 
mentally retarded or otherwise develop- 
mentally disabled or holding a baccalau- 
reate degree in a field other than one 
related to developmental disabilities and 
having three years of supervised experi- 
ence in working with the mentally re- 
tarded or otherwise developmentally 
disabled. 

(69) (-4?) "Qualified drug abuse professional" 
means an individual who is certified by 
the North Carolina Substance Abuse 
Professional Certification Board or who 
is a graduate of a college or university with 
a baccalaureate or advanced degree in a 
human service related field with doc- 
umentation of at least two years of super- 
vised experience in the profession of drug 
abuse counseling. 

(70) (4&> "Qualified mental health 
professional" means any one of the fol- 
lowing: psychiatrist, psychiatric nurse, 
practicing psychologist, psychiatric social 
worker, an individual with at least a mas- 
ter's degree in a related human service 
field and two years of supervised clinical 
experience in mental health services or an 
individual with a baccalaureate degree in 
a related human service field and four 
years of supervised clinical experience in 
mental health services. 

(71) (49} "Qualified nutritionist" means an in- 
dividual who has a Master's degree in nu- 
trition, nutrition education or public 
health nutrition and who may or may not 
be a registered dietitian. 

(72) fW). "Qualified substance abuse profes- 
sional" means an individual who is: 

(A) certified by the North Carolina Sub- 
stance Abuse Professional Certification 
Board: or 

(B) a graduate of a college or university 
with a baccalaureate or advanced degree 
in a human service related field with doc- 
umentation of at least two years of super- 
vised experience in the profession of 
alcoholism and drug abuse counseling. 

(73) 4?-H "Registered dietitian" means an indi- 
vidual who has successfully completed a 
national examination for the Commission 
on Dietetic Registration and maintains 
registration with that commission through 



approved continuing education activities 
and events. 

(74) (33) "Rehabilitation" means training, care 
and specialized therapies undertaken to 
assist a client to reacquire or maximize 
any or all lost skills or functional abilities. 

(75) f74) "Research" means inquiry involving 
a trial or special observation made under 
conditions determined by the investigator 
to confirm or disprove an hypothesis, or 
to explicate some principle or effect. The 
term "research" as used in this document 
means research which is not standard or 
conventional; involves a trial or special 
observation which would place the subject 
at risk for injury (physical, psychological 
or social injury), or increase the chance 
of disclosure of treatment; utilizes ele- 
ments or steps not ordinarily employed 
by qualified professionals treating similar 
disorders of this population; or is a type 
of procedure that serves the purpose of 
the research only and does not include 
treatment designed primarily to benefit the 
individual. 

(76) 4?4} "Residential setting" means a living 
area or zone in which the primary purpose 
is family residential living and which may 
be located in an area zoned either urban 
residential or rural. 

(77) (3Si "Respite discharge" means that point 
in time when no additional incidents of 
respite service are anticipated and the cli- 
ent record is closed. 

(78) f7-4) "Respite episode" means an uninter- 
rupted period of time during which a cli- 
ent receives respite services. The episode 
may vary in length from one hour or less 
to one month. 

(79) (73} "Restraint" means the limitation of 
a client's freedom of movement by: 

(A) physical hold for the purpose of sub- 
duing the client; 

(B) "mechanical restraint" which is the use 
of mechanical devices for the purpose of 
controlling behavior including, but not 
limited to, cuffs, ankle straps, sheets, or 
restraining shirts; or 

(C) "protective restraint" which is the use 
of protective devices to provide support 
and safety for weak and feeble clients, or 
to present medically ill clients from re- 
moving intravenous tubes, indwelling 
catheters, cardiac monitor electrodes, etc. 
Such devices may include posey vests, 
geri-chairs, table top chairs or soft ties. 

(811) (■?&) "Restrictive facility" means a facility 
which employs the use of mechanical re- 



U 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



straint or seclusion in order to restrict a 
client's freedom of movement. A judicial 
determination as specified in G.S. 122C- 
223 and G.S. 122C-232 is required for 
minor clients and incompetent adult cli- 
ents who are admitted to a restrictive fa- 
cility. 
H (-29) "Screening" means an assessment 
service which provides for a brief face-to- 
face appraisal of each individual who pre- 
sents himself for services, in order to 
determine the nature of the individual's 
problem and his need for sendees. 
Screening may also include referral to 
other appropriate community resources. 

(82) f84} "Seclusion" means isolating a client 
in a separate locked room for the purpose 
of controlling a client's behavior. 

(83) f84-) "Secretary" means the Secretary of 
the Department of Human Resources or 
designee. 

(84) (£3} "Severely physically disabled 
person" means for the purpose of ADAP 
(Adult Developmental Activity Program) 
a person: 

(A) who has a severe physical disability 
which seriously limits his functional ca- 
pabilities (mobility, communication, self- 
care, self-direction, work tolerance or 
work skills); 

(13) who has one or more physical disabili- 
ties resulting from amputation, arthritis, 
blindness, cancer, cerebral palsy, cystic fi- 
brosis, deafness, heart disease, hemiplegia, 
hemophilia, respiratory or pulmonary 
dysfunction, multiple sclerosis, muscular 
distrophy, musculoskeletal disorders, neu- 
rological disorders (including stroke and 
epilepsy), paraplegia, quadriplegia, and 
other spinal cord conditions, sickle cell 
anemia and end stage renal disease; and 

(C) whose habilitation or rehabilitation can 
be expected to require multiple habili- 
tation or rehabilitation services over an 
extended period of time. 

(85) fttrty "Sheltered employment" means a fa- 
cility's provision of work and work train- 
ing by: 

(A) subcontracting from industries in the 
community and bringing work to the fa- 
cility to be performed; or 

(B) manufacturing its own products in the 
facility. 

Clients served in a sheltered employment 
model are those who consistently achieve 
earning levels exceeding one-half of the 
minimum wage but who are not ready for 
independent employment activities. 



(86) fS4) "Staff member" means any individual 
who is employed by the facility. 

(87) f&§) "Substantially mentally retarded per- 
son" means for the purpose of ADAP a 
person who is mentally retarded to the 
degree of seriously limiting his functional 
capabilities, whose habilitation or rehabil- 
itation can be expected to extend over a 
period of time, and including: 

(A) moderately mentally retarded persons; 

(B) severely mentally retarded persons; 

(C) profoundly mentally retarded persons; 
or 

(D) mentally retarded persons with a han- 
dicapping condition so severe as to lack 
the potential for employment at this time, 
either in a sheltered or competitive setting. 
In addition, such individuals must have a 
deficit in self-help, communication, so- 
cialization or occupational skills and be 
recommended by the vocational rehabili- 
tation counselor for consideration of 
placement in an ADAP. 

(88) (£6) "Support services" means services 
provided to enhance an individual's pro- 
gress in his primary treatment/habilitation 
program. 

(89) (S?) "Supported employment" means a 
day/night service which involves paid 
work in a job which would otherwise be 
done by a non-disabled worker. Sup- 
ported employment is carried out in an 
integrated work site where a small number 
of people with disabilities work together 
and where the work site is not imme- 
diately adjacent to another program serv- 
ing persons with disabilities. It includes 
intensive involvement of staff working 
with the individuals in these integrated 
settings. 

(90) (&&) "Toddler" means an individual from 
one through three years of age. 

(91) f&O} "Treatment" means the process of 
providing for the physical, emotional, 
psychological and social needs of clients 
through services. 

(92) fltty "Twenty-four hour facility in which 
medical care is an integral component" 
means a facility in which: 

(A) the medication needs of clients may be 
evaluated, medication prescribed and lab- 
oratory tests ordered to assist in the diag- 
nosis, treatment and -w monitoring of 
problems associated with the mental 
health, mental retardation or other devel- 
opmental disabilities or substance abuse 
disorder of clients; and 



5:7 NORTH CAROLINA REGISTER April 2, 1990 



U 



PROPOSED RULES 



(B) proper referral of the client is made to 
medical specialists when needed. 

Statutory Authority G.S. 122C-3; 122C-26; 
1438- 14". 

SECTION .0300 - FACILITY AND PROGRAM 
MANAGEMENT 

.0309 CLIENT FEE FOR SERVICE 

The governing body shall develop written poli- 
cies for client fee assessment and collection prac- 
tices. When infants or toddlers with or at nsk for 
atypical development or developmental delays 
are served, fees shall not be charged to the par- 
ents lor the following services: 

( 1 ) child identification and screening: 

(2) assessment; 

(3) case management: and 

(4) administrative and coordinative activities 
related to the development, review and im- 
plementation of the Individualized Family 
Service Plan (IFSP). implementation of 
procedural safeguards and other administra- 
tive activities related to sen ices for this po- 
pulation. 

Statutory Authority G.S. 122C-26: 122C-146: 
14313- 147. 

.0314 ASSESSMENT 

(c) Mental Retardation e* other Developmental 
Disability Disabilities Facilities and Sheltered 
Workshops: 

(1) Within 30 days following admission, the 
following assessment information shall be 
completed: 
(A) the present condition of the client re- 
ported in objective, behavioral terms, and 
where possible a description of the client's 
condition by family members. For all fa- 
cilities serving infants, toddlers and pre- 
school age children, except those 
providing respite services, the assessment 
of levels of physical, including vision and 
hearing, language and speech, cognitive, 
psychosocial and self-help skills develop- 
ment shall be completed. There shall be 
a determination of the child s unique 
needs m terms ot these areas of develop- 
ment and identification of sen ices appro- 
priate to meet those needs. Also, for all 
facilities serving infants, toddlers and 
preschoolers except lor respite, the assess- 
ment process shall include, if the family 
mi desires, a determination of the strengths 
and needs of the family related to en- 
hancing the development of the child. 



The family focused assessment shall be 
based on information provided through a 
personal interview and incorporate the 
family's description of the strengths and 
needs. The assessment process shall in- 
clude procedures for ensuring partic- 
ipation by the client's family or the legally 
responsible person; 

(B) social, developmental and medical his- 
tories and assessments. Additional histo- 
ries and assessments shall be completed 
as appropriate (e.g., vocational, psychiat- 
ric, legal, educational and nutritional). 
Histories and assessments generated by 
other facilities or service providers may be 
used for respite programs; 

(C) determination of, and request for, ad- 
ditional referrals for special diagnostic 
tests, assessments or evaluations, if 
needed; 

(D) results of other standardized and non- 
standardized evaluations in the areas 
identified in (c)(1)(B) of this Rule; 

(E) summary" of client and, if appropriate, 
family strengths and weaknesses; 

(F) copies of relevant evaluations from 
other agencies or service providers. 

(2) An ADAP which operates within a shel- 
tered workshop that meets the require- 
ments of the Division of Vocational 
Rehabilitation Services shall be considered 
to have an approved ADAP evaluation 
program which may provide the informa- 
tion for the evaluation report. 

(3) No more than 30 days prior to admission 
to a facility, a medical assessment shall be 
completed indicating the client's ability to 
participate in the program, presence of a 
communicable disease or a communicable 
condition that presents a significant risk 
for transmission within the facility, and 
compliance with the immunization re- 
quirements in G.S. 130A-152. If the cli- 
ent has specific medical problems, the 
physicians assessment shall include a 
written statement regarding management 
of the client, including control measures 
required for communicable diseases and 
conditions by G.S. 130A-144. The phy- 
sician's assessment shall be updated at 
least annually during the client's place- 
ment in the facility except for ADAP. al- 
ternative family living and supervised 
independent living. 

(4) For all facilities serving infants, toddlers 
and preschoolers except for respite: 

( A ) tests and other evaluation materials and 
procedures shall be administered in the 



34 



5:1 SORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



native language of the parents or other 
mode of communication unless it is 
clearly not feasible to do so; 

(B) any assessment procedures and materi- 
als that are used are selected and adminis- 
tered so as not to be racially or culturally 
discriminatory; 

(C) no single procedure shall be used as the 
sole criterion for determining a child's el- 
igibility under this part; 

(D) assessments shall be carried out by 
professionals privileged according to pro- 
cedures outlined in the Division's publi- 
cation, "REGULATIONS FOR 
PRIYII FGING PROFESSIONALS 
WORKING WITH INFANTS AND 
TODDLERS WITH OR AT RISK FOR 
Dl VPTOPM1 NTAL DELAY OR 
ATYPICAL DEVELOPMENT", APSM 
120- 1 (04 01 S9) or comparable proce- 
dures approved by the Division: 

(E^) the assessment proces s shall be a mul- 



tidisciplinarv one and rellect the involve- 
ment of two or mcire disciplines or 
prolessions with the specific number and 
tvpes of disciplines determined by the 
needs of the particular child: 

(F) the evaluation process must be based 
on informed clinical opinion: 

(G) the assessment procc^ shall be com- 
pleted within 45 calendar davs from the 
date of referral; and 

(II) the child's family or legally responsible 
person shall be fully informed of the re- 
sults of the assessment process. 

Statutory Authority G.S. 122C-26; 130A-144; 
130A-I52; 143B-I47. 

.0315 INDIVIDUAL TREATMENT/PROGRAM 
PLAN 

(d) Mental Retardation e* other Developmental 
Di ' Tibility Disabilities Facilities and Sheltered 
Workshops: 

(1) Individual program plans shall be devel- 
oped and implemented within 30 days of 
admission to all facilities with the excep- 
tion of respite care programs. The plan 
shall be reviewed at least quarterly and 
assessed and redeveloped at least annually. 
For clients in ADAP-facility based models 
and sheltered workshop placements, the 
annual assessment shall include a review 
to determine the need for referral to Vo- 
cational Rehabilitation or other services. 
For clients in ADAP-Supported Employ- 
ment-Long-Term Support, it shall include 
an indication of the level of need for 



long-term support activities and the spe- 
cific type of support required. Program 
plans shall provide the basis for the de- 
velopment of individual goal plans. Pro- 
gram plans shall provide a systematic 
approach to the habilitation of the client 
and substantiate the appropriateness of 
the habilitation goals. Program plans 
shall be developed in partnership with cli- 
ents or individuals acting in behalf of cli- 
ents. Clinical responsibility for the 
development and implementation of pro- 
gram plans shall be designated. In addi- 
tion, in facilities serving infants, toddlers 
or preschool age children, except for those 
providing respite services, the program 
plan is referred to as the Individualized 
Family Service Plan (IESP) and shall in- 
clude: 

( A ) a description of the child's present lev- 
els of physical development, including vi- 
sion, hearing and health status, cognitive 
development, language and speech devel- 
opment, psychosocial development and 
self-help skills; 

( B ) with the concurrence of the family, a 
description of the family's strengths and 
needs related to enhancing the develop- 
ment of the child; 

(C) (A4. goals for the client Y . child's family 
as well as goals for the client; child; 

(D) fB} criteria and timeframe to be used to 
determine progress towards goals; 

(F) fG) planned habilitation procedures re- 
lated to the goals; 

(F) f4^- a statement of the specific early in- 
tervention services to be provided to meet 
the identified client child and family needs. 
and the initiation dates, frequency and 
method, duration, intensity and location 
of service delivery and the persons or 
agencies responsible; 

I C i ) f+r} the designation of the staff member 
responsible for case management services; 

(II) f4-4 the plans for transition into services 
which are the responsibility of the N.C. 
Department of Public Instruction. 

(I) the payment arrangements for the spe- 
cific services delineated in Subparagraph 
(d)(1)(E); and 

(.1) a description of medical and other ser- 
vices that the child needs hut which are 
not required under P.E. ( -)'-)-457 and the 
strategies to be pursued to secure those 
services through public or private re- 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



35 



PROPOSED RULES 



(2) The initial development and annual review 
process for the 11SP for infants, toddlers 
and preschoolers shall include partic- 
ipation by: 

(A) the parent or parents of the child; 

(13) other family members, as requested bv 
the parent; 

(C) an advocate or person outside of the 
family if the parent requests that the per- 
son participate: 

(D) the provider of the early intervention 
services; 

( I •' ) the case manager designated for the fa- 
mily if different: and 

( 1 -' ) the provider of the assessment service 
if different. 

The quarterly review process shall include 
participation by persons identified in 
Subparagraphs (d)(2)(A) through (E). If 
am of these individuals are unable to at- 
tend one of the referenced development 
or review meetings, arrangements shall be 
made for the person's involvement 
through other means such as participation 
in a telephone conference call, having a 
knowledgeable authorized representative 
attend the meeting or making pertinent 
records available at the meeting. 
The I1SP for infants, toddlers and pres- 
choolers is based upon the results of the 
assessment referenced in J_0 NCAC 14K 
J).' 14(c). However, early intenention 
services may commence before com- 



Q] 



pletion of this assessment if parental con- 
sent is obtained, the assessment is 
completed within the time period refer- 
enced in _10 NCAC 14K .P.M2(4)(c), and 
an interim II SP is developed. The in- 
terim 11SP shall include: 
( A ) The name of the ease manager who will 
be responsible for the implementation of 
the II SP and coordination with other 
agencies and individuals: 



(4) 



(B) Short-term quarterly goals for the child 
and family when recommended: 

( C ) Those early intenention services that 
are needed immediately; and 

(D) Suggested activities that may be carried 
out bv the family members. 
I ach facility or individual who has a direct 



IM 



role in t_he provision of early intenention 
sen ices specified in the II-'SP is responsi- 
ble lor making a good faith effort to a -mm 
each eligible child in achieving the goals 
se_[ forth in the H SP. " 
The 11SP shall be developed within 45 
davs of referral for those children deter- 
mined to be eligible. 



(6) @$ Individual goal plans shall be developed 

in the appropriate developmental and vo- 
cational skill areas. Goal plans -shall be 
assessed on a quarterly basis in all facilities 
with the exception of developmental 
disability; behavior disorder group homes 
wherein goal plans shall be assessed on a 
monthly basis. Such assessment shall ad- 
dress the client's progress or lack of pro- 
gress toward meeting the plan and review 
of the plan for appropriateness of estab- 
lished goals. Individual goal plans are not 
required for clients in supenised inde- 
pendent living, alternative family living, 
sheltered workshops and ADAP clients in 
supported employment. Individual goal 
plans are also not required for ADAP cli- 
ents targeted for supported employment 
or those in the intensive training period 
or the long-term support period of sup- 
ported employment. To be targeted as a 
supported employment client, the client 
must have been determined in writing to 
be appropriate for supported employment 
by representatives of the facility, the local 
unit of the Division of Vocational Reha- 
bilitation Senices and the Area Develop- 
mental Disabilities Specialist of the Area 
Mental Health, Mental Retardation and 
Substance Abuse Program or his designee. 

(7) £3} In specialized community residential 
centers, nursing care plans shall be devel- 
oped and implemented in addition to the 
individual program plan. The nursing 
care plan must address medical needs and 
nursing care. Such plans shall be inte- 
grated with individual goal plans. 

(S) (-44 In developmental disability and behav- 
ior disorder group homes, the individual 
program plan shall specify a time-specific 
admission of less than six months, to be 
extended as needed on a six-month basis, 
and shall emphasize programming objec- 
tives that assist the client in exiting to a 
less restrictive setting. 

(9) f?4 Progress notes shall be completed 
which reflect the client's progress or lack 
of progress toward meeting program plan 
goals, staff inten'entions and any infor- 
mation which may have a significant im- 
pact on the client's condition. 
Documentation shall be made of any 
conferences or involvements with the cli- 
ent's family or involved agencies. 
(A) Progress notes for respite senices shall 
be completed after each respite episode. 



J 6 



5:1 SORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



(B) Progress notes for developmental disa- 
bility and behavior disorder group homes 
shall be completed at least monthly. 

(C) Progress notes in all other services shall 
be on at least a quarterly basis. 

(D) Except for respite services, when the 
client is a minor, progress reports regard- 
ing the program plan shall be given to the 
legally responsible person on a quarterly 
basis. 

Statutory Authority G.S. 122C-26; 143B-147. 

SUBCHAPTER 141* - PROCEDURES AND 
GENERAL INFORMATION 

SECTION .0100 - SCOPE AND DEFINITIONS 

.0101 SCOPE 

These Rules set forth procedures governing the 
protection of client rights in public and private 
programs providing mental health, develop- 
mental disabilities and substance abuse services, 
with the exception of state operated facilities. In 
addition to these Rules, the governing body shall 
comply with the provisions of G.S. 122C, Article 
3, regarding client rights. 



Statutory Authority G.S. 
1 433-17; 1 43 B- 147. 



122C-51; 13IE-67; 



.0102 DEFINITIONS 

(a) In addition to the definitions contained in 
this Rule, the terms defmcd in G.S. 122C-3, G.S. 
122C-4 and G.S. 122C- 53(f) also apply to all 
Rules in Subchapters 14P, 14Q 14R and 14S. 

(b) As used in these Rules, the following terms 
have the meanings specified: 

( 1 ) "Abuse" means the infliction of physical 
or mental pain or injury by other than 
accidental means, or unreasonable con- 
finement, or the deprivation by an em- 
ployee of services which are necessary to 
the mental and physical health of the cli- 
ent. Temporary discomfort that is part 
of an approved and documented treat- 
ment plan or use of a documented emer- 
gency procedure shall not be considered 
abuse. 

(2) "Basic necessities" means the essential 
items or substances needed to support life 
and health which include, but are not 
limited to, a nutritionally sound diet bal- 
anced during three means per day, access 
to water and bathroom facilities at fre- 
quent intervals, seasonable clothing, med- 
ications prescribed by a physician, time 
for sleeping and frequent access to social 
contacts. 



(3) "Consent" means concurrence by a client 
or legally responsible person following re- 
ceipt of sufficient information -by the 
qualified professional who will administer 
the proposed treatment or procedure. 
Informed consent implies that the client 
or legally responsible person was provided 
with sufficient information concerning 
proposed treatment, including both bene- 
fits and risks, in order to make an edu- 
cated decision with regard to such 
treatment. 

(4) "Dangerous articles or substances" me- 
ans, but is not limited to, any weapon or 
potential weapon, heavy blunt object, 
sharp objects, potentially harmful chemi- 
cals, or drugs of any sort, including alco- 
hol. 

(5) "Director of Clinical Services" means 
medical director, director of medical ser- 
vices or other qualified professional desig- 
nated by the governing body as the 
director of clinical services, or a designee. 

(6) "Emergency" means a situation in which 
a client is in imminent danger of causing 
abuse or injury to self or others or when 
substantial property damage is occurring 
as a result of unexpected and severe forms 
of inappropriate behavior and rapid inter- 
vention by the staff is needed. 

(7) "Exclusionary' time-out" means the re- 
moval of a client to a separate area or 
room from which exit is not barred for the 
purpose of modifying behavior. 

(8) "Exploitation" means the illegal or im- 
proper use of a client or a client's re- 
sources for another person's profit, 
business or advantage. The term includes 
taking or using personal property from a 
client with or without the client's permis- 
sion. 

(9) "Governing body" means those persons 
or a designee, who by law, charter, articles 
of incorporation, partnership agreement, 
or other legally recognized manner have 
full legal authority for the overall opera- 
tion of the -facility. 

(lOj "Governor's Advocacy Council for Per- 
sons with Disabilities (GACPD)" means 
a council mandated by state government 
to provide protection and advocacy sys- 
tems and promote employment for all 
persons with disabilities in North Caro- 
lina. 

(11) "Intervention Advisory Committee" me- 
ans a group of three to five concerned ci- 
tizens established by the governing body 
to provide an additional safeguard m pro- 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



37 



PROPOSED RULES 



grams that utilize intrusive treatment or 
habilitation interventions specified in 
Subchapter 14R, Rule .0106. 

(12) "Intervention procedures" refers to the 
following interventions: seclusion, re- 
straint, isolation time-out, exclusionary- 
time-out for more than 15 minutes, time- 
out for more than one hour, contingent 
withdrawal or delay of access to personal 
possessions or goods to which the client 
is ordinarily entitled, consistent depri- 
vation of items or cessation of an activity 
which the client is scheduled to receive 
(other than basic necessities) and over- 
correction to which the client resists. 

(13) "Intrusive intervention" refers to an in- 
tervention procedure which presents a 
significant risk to the client and, therefore, 
requires additional safeguards. Such an 
intervention may include the use of: 

(A) seclusion, restraint or isolation time-out 
employed as a measure of therapeutic 
treatment; 

(B) seclusion, restraint or isolation time-out 
used on an emergency basis more than 40 
hours in a calendar month or more than 
one episode of 24 hours; 

(C) unpleasant tasting foodstuffs; 

(D) planned non-attention to a specific 
undesirable behavior when the target be- 
havior is health threatening; 

(E) contingent deprivation of any basic ne- 
cessity; 

(F) contingent application of any noxious 
substance which includes, but is not lim- 
ited to, noise, bad smells or splashing with 
water; and 

(G) any potentially physically painful pro- 
cedure or stimulus which is administered 
to the client for the purpose of reducing 
the frequency or intensity of a behavior. 

(14) "Isolation time-out" means the removal 
of a client to a separate room from which 
exit is barred but not locked and where 
there is continuous supervision by staff for 
the purpose of modifying behavior. 

(15) "Major physical injury" means damage 
caused to the body resulting in substantial 
bleeding or contusion of tissues, fracture 
of a bone, damage to internal organs, loss 
of consciousness, loss of normal neuro- 
logical function (inability to move or co- 
ordinate movement) or any other painful 
condition caused by such injury. 

(16) "Minor client" means a person under IS 
years of age who has not been married or 
who has not been emancipated by a de- 
cree issued by a court of competent juris- 



diction or is not a member of the armed 
forces. 

(17) "Neglect" means the failure to provide 
care or services necessary to maintain the 
mental health, physical health and well- 
being of the client. 

(18) "Neuroleptic medication" means a cate- 
gory of psychotropic drugs used to treat 
schizophrenia and related disorders. 
Neuroleptics are the only category of 
psychotropic drugs with long-term side 
effects of major consequence (e.g., tardive 
dyskinesia). Examples of neuroleptic 
medications are Chlorpromazine, Thiori- 
dazine and Ilaloperidol. 

(19) "Normalization" means the utilization 
of culturally valued means to establish or 
maintain personal behaviors, experiences 
and characteristics that are culturally nor- 
mative or valued. 

(20) "Privileged" means authorization by the 
governing body for a professional to pro- 
vide specific treatment or habilitation ser- 
vices to clients, within well-defined limits, 
based on the professional's education, 
training, experience, competence and 
judgment. 

(21) "Protective device" means an inter- 
vention which provides support for med- 
ically fragile clients or enhances the safety 
of self-injurious clients. Such devices may- 
include geri-chairs or table top chairs to 
provide support and safety for clients with 
major physical handicaps; devices such as 
seizure helmets or helmets and mittens for 
self-injurious behaviors; or soft ties used 
to present medically ill clients from re- 
moving intravenous tubes, indwelling 
catheters, cardiac monitor electrodes, or 
similar medical devices. Protective de- 
vices do not include mechanical restraints 
as defined in Subparagraph (24|(A) of this 
Rule. 

(22) "Responsible professional" shall have the 
meaning specified in G.S. 122C-3 except 
the "responsible professional" shall also 
be a qualified professional as defined in 
G.S. 122C-3(31). 

(23) "Restraint" means the limitation of one's 
freedom of movement and includes the 
following: 

(A) mechanical restraint which means re- 
straint of a client with the intent of con- 
trolling behavior with mechanical devices 
which include, but are not limited to, 
cuffs, ankle straps, sheets or restraining 
shirts. 



38 



5:1 \ORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



(B) physical restraint which means restraint 
of a client by physically holding or sub- 
duing the client until calm. As used in 
these Rules, the term physical restraint 
does not apply to the use of professionally 
recognized methods for therapeutic holds 
of brief duration (five minutes or less). 

(24) "Seclusion" means isolating a client in a 
separate locked room for the purpose of 
controlling a client's behavior. 

(25) "Strike" means, but is not limited to, 
hitting, kicking, slapping or beating 
whether done with a part of one's body 
or with an object. 

(26) "Time-out" means the removal of a cli- 
ent from positive reinforcement and other 
clients to another space within the same 
activity area for the purpose of modifying 
behavior. 

(27) "Treatment" means the process of pro- 
viding for the physical, emotional, psy- 
chological and social needs of clients 
through services. 

(28) "Treatment or program plan" means an 
individual goal plan (for mentally retarded 
clients) or individual treatment plan (for 
mental health or substance abuse clients), 
as defined in 10 NCAC 14K .0315 of di- 
vision publication APSM 40-2, 7/1/89 
(LICENSURE RULES EOR MENTAL 
HEALTH, MENTAL RETARDATION 
AND OTHER DEVELOPMENTAL 
DISABILITIES AND SUBSTANCE 
ABUSI- LACII II 11 S) adopted pursuant 
to G.S. 150B- 14(c). 

(29) "Treatment or habilitation team" means 
an interdisciplinary group of qualified 
professionals sufficient in number and va- 
riety by discipline to adequately assess and 
address the identified needs of a client and 
which is responsible for the formulation, 
implementation and periodic review of the 
client's treatment or program plan. 

Statutoiy Authority G.S. I22C-3; 122C-4; 
I22C-5I; 122C-53(f); 13IE-67; 143B-I47. 

SUBCHAPTER 14Q - GENERAL RIGHTS 

SECTION .0100 - GENERAL POLICIES AND 
PROCEDURES 

.0101 POLICY ON RIGHTS RESTRICTIONS 
AND INTERVENTIONS 

(a) For each service provided in a facility where 
rights will not be restricted and interventions as 
specified in Section .0100 of Subchapter 14R of 
these Rules will not be employed, the governing 
body shall implement policies to ensure that such 



rights will not be restricted nor such interventions 
employed. 

(b) For each service provided in a facility where 
rights may be restricted or interventions as spec- 
ified in Section .0100 of Subchapter 14R of these 
Rules may be employed, the governing body 
shall develop and implement policies which: 

(1) identify the rights specified in G.S. 

122C-62(b) and (d) that may be restricted 
and interventions specified in Rule .0103, 
Rule .0104 and Rule .0106 of Subchapter 

14R that may be employed in each of its 
programs or services; 

(2) designate an individual responsible for in- 
forming the client; 

(3) specify procedures for the following: 

(A) informing each client at the time of 
admission or entry into the program, or 
as soon as feasible, but no longer than 72 
hours thereafter, of rights, potential re- 
strictions and use of interventions; 

(B) assuring that a written summary of 
rights are provided to the client and legally 
responsible person and that materials are 
explained in a manner or at a level con- 
sistent with the client's capacity for com- 
prehension; 

(C) educating the client and the legally re- 
sponsible person regarding the purposes, 
goals and reinforcement structure of any 
behavior management system that is al- 
lowed by governing body policy to restrict 
client rights or utilize interventions as 
specified in Subparagraph (a)(2) of this 
Rule; and 

(D) documentation in the client record that 
rights have been explained including mode 
of communication used. 

Statutoiy Authority G.S. I22C-51; I43B-147. 

.0102 SUSPENSION AND EXPULSION POLICY 

(a) Clients shall be free from threat or fear of 
unwarranted suspension or expulsion from ser- 
vices. 

(b) The governing body shall develop and im- 
plement policies assuring due process procedures 
for suspending or expelling clients from services. 
Policies shall address the criteria to be used for 
any suspension, expulsion or other discharge not 
mutually agreed upon and establish documenta- 
tion requirements which shall include: 

( 1 ) the specific time and conditions for re- 
suming services following a suspension; 

(2) designation of an alternative program de- 
termined to meet the client's needs; and 

(3) discharge plan. 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



J 9 



PROPOSED RULES 



Statutory Authority G.S. 122C-51; 143D-147. 

.0103 SEARCH AND SEIZURE POLICY 

(a) Clients shall be free from unwarranted in- 
vasion of privacy. The governing body shall es- 
tablish a policy regarding the need to search 
clients or private living areas. 

(b) This policy shall specify whether searches 
of clients or private living areas are allowed or 
whether they are prohibited. If searches are al- 
lowed, the policy shall address the following: 

(1) scope of search; 

(2) reason for search; 

(3) search procedures; and 

(4) disposition of seized property. 

Statutory Authority G.S. 122C-51; I43B-147. 

.0104 ANNUAL INTERNAL AUDIT 

Each governing body shall assure the conduct 
of an annual internal compliance audit in each 
of its programs of the implementation of client 
rights as specified in G.S. 122C, Article 3 and 
these Rules. A written report of such findings 
shall be maintained by the governing body for a 
period of two years. 

Statutory Authority G.S. 122C-51; I43B-147. 

SECTION .0200 - INFORMING CLIENTS AND 
STAFF OF RIGHTS 

.0201 INFORMING CLIENTS OF RIGHTS AND 
RKSTRICTIONS 

(a) A written summary of client rights as spec- 
ified in G.S. 122C, Article 3 shall be made avail- 
able to all clients and legally responsible persons. 

(b) Policies specified in Rule .0101(b) of this 
Subchapter shall assure that all clients and legally 
responsible persons are informed: 

(1) of the client's rights, potential restrictions 
or use of interventions; 

(2) that the legally responsible person of a 
minor or incompetent adult client may 
request notification after any occurrence 
of the use of an intervention procedure as 
specified in Subchapter 14R, Section 
.0100 of these Rules; 

(3) that the competent adult client may des- 
ignate an individual to receive notification, 
in accordance with G.S. 122C-53(a), after 
any occurrence of the use of an inter- 
vention procedure as specified in Sub- 
chapter 14R, Section .0100 of these Rules; 

(4) of notification provisions regarding emer- 
gency and intervention procedures, as de- 
lineated in Subchapter 14R, Section .0100 
of these Rules: and 



(5) of notification provisions regarding the 
restriction of client rights as specified in 
G.S. 122C-62(e). 

Statutory Authority G.S. 122C-5I; 143R-147. 

.0202 INFORMING CLIENTS OF PROGRAM 
POLICIES 

(a) Each client shall be informed of program 
policies at the time of admission or entry into the 
program, or as soon as feasible, but no longer 
than 72 hours thereafter. Documentation in the 
client record shall reflect that the client or legally 
responsible person has been informed of program 
policies. 

(b) Procedures shall be implemented to assure 
that each client and legally responsible person 
shall be informed of the following: 

( 1) the procedure for obtaining a copy of the 
client's treatment or program plan and 
discharge plan; 

(2) any program rules that the client is ex- 
pected to follow and possible penalties for 
violations; 

(3) the governing body grievance procedures 
including the individual to contact and 
procedures for assisting clients as needed; 

(4) the governing body policy regarding sus- 
pension and expulsion; 

(5) the governing body policy regarding fee 
assessment and collection practices for 
treatment or habilitation services; 

(6) the client's protections regarding disclosure 
of confidential information, as delineated 
in G.S. 122C-52 through G.S. 122C-56; 
and 

(7) program policy on search and seizure. 

Statutory Authority G.S. I22G-51 through 
I22C-56; 122C-62; I43B-147. 

.0203 INFORMING CLIENTS OF ADVOCACY 
SERVICES 

Procedures shall be implemented to assure that: 

(1) Every client is informed of his right to 
contact the Governor's Advocacy Council 
for Persons with Disabilities (GACPD), the 
statewide agency designated under federal 
and state law to protect and advocate the 
rights of persons with disabilities; 

(2) there is compliance with applicable pro- 
visions of the federal law governing advo- 
cacy services to the mentally ill, as specified 
in the Protection and Advocacv for Mentally 
111 Individuals Act of 19S6 (Public Law 99- 
319) and amended by Public Law 100-509 
(1988); and 



40 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



HI 



PROPOSED RULES 



(3) there is compliance with applicable pro- 
visions of the federal laws governing advo- 
cacy services to the developmentally 
disabled, the Developmental Disabilities 
Assistance and Bill of Rights Act, 42 U.S.C. 
§ 6000 et. seq. 



(4) specific length of time for which consent 
is valid; 

(5) permission granted to perform the proce- 
dure or treatment; 

(6) signature of the client or legally responsi- 
ble person on written authorizations. 



Statutory Authority G.S. 
143B-403.1; I43B-403.2. 



122C-53; 143B-147; 



Statutory Authority G.S. 122C-5I; I22C-57; 
I31E-67; I43B-147. 



.0204 INFORMING STAFF OF POLICIES 

AH staff shall be informed at the time of em- 
ployment and annually thereafter, of the rights 
of clients as specified in 122C, Article 3 and be 
familiar with policies specified in this manual. 
Documentation of receipt of information shall 
be signed by the staff member and remain a part 
of the individual's personnel record. 

Statutory Authority G.S. 122C-51; 143B-147. 

SECTION .0300 - GENERAL CIVIL, LEGAL AND 
HUMAN RIGHTS 

.0301 SOCIAL INTEGRATION 

Each client shall be encouraged to participate in 
appropriate and generally acceptable social inter- 
actions and activities with other clients and non- 
client members of the community, including 
non-handicapped persons other than staff unless 
restricted in writing in the client record in ac- 
cordance with G.S. 122C-62(e). 



Statutory Authority G.S. 
143B-147. 



122C-51: 122C-62; 



.0302 CLIENT SELF GOVERNANCE 

The governing body shall establish a process for 
client input into program governance and en- 
courage and support the development of client 
self governance groups. 

Statutory Authority G.S. 122C-58. 

.0303 INFORMED CONSENT 

(a) Consents required in these Rules and G.S. 
122C- 57(f) shall be obtained in writing. 

(b) Information which is necessary to ade- 
quately inform the client shall be documented in 
the client record and shall include the following: 

(1) name of the procedure or treatment and 
its purpose expressed in laymen's terms; 

(2) evidence that the benefits, risks, possible 
complications and possible alternative 
methods of treatment have been explained 
to the client or legally responsible person; 

(3) notification that the consent may be 
withdrawn at any time without reprisal; 



.0304 CORPORAL PLNISHMENT 

Corporal punishment is prohibited, as specified 
in G.S. 122C-59. The use of corporal punish- 
ment by employees is considered abuse and in- 
vestigated as such as specified in Rule .0306 of 
this Section. 

Statutory Authority G.S. I22C-59; I43B-I47. 

.0305 PROTECTION FROM HARM, ABLSE, 
NEGLECT OR EXPLOITATION 

(a) Each governing body shall develop policies 
in accordance with G.S. 122C-59, G.S. 122C-65, 
and G.S. 122C-66. 

(b) Employees shall protect clients from harm, 
abuse, neglect and exploitation in accordance 
with G.S. 122C-66. 

(c) Employees shall not subject a client to any 
sort of neglect or indignity, or inflict physical or 
mental abuse upon any client including, but not 
limited to, striking, burning, cutting, teasing, 
pinching, taunting, jerking, pushing, tripping or 
baiting a client. 

(d) Employees shall not sell or buy goods or 
services to or from a client except through es- 
tablished governing body policy. 

(e) Employees shall use only that degree of 
force necessary to repel or secure a violent and 
aggressive client and which is permitted by gov- 
erning body policy. The degree of force that is 
necessary depends upon the individual character- 
istics of the client (such as age, size and physical 
and mental health) and the degree of aggressive- 
ness displayed by the client. Use of intervention 
techniques shall be in compliance with Sub- 
chapter 14R of this Chapter. 

(f) Each governing body must develop moni- 
toring procedures to assure compliance with G.S. 
122C-59, G.S. 122C-65, and G.S. 122C-66. 



Statutory Authority 
122C-66; 143B-147. 



G.S. I22C-59; 122C-65; 



.0306 REPORTING ABLSE, NEGLECT OR 
EXPLOITATION 

The governing body shall implement procedures 
to assure that all instances of alleged or suspected 
abuse, neglect or exploitation of clients shall be 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



41 



PROPOSED RULES 



reported to the County Department of Social 
Services as specified in G.S. 108A, Article 6 or 
G.S. 7A, Article 44. 

Statutory Authority G.S. 7A, Article 44; 108A, 
Article 6; 122C-51; 122C-59; 122C-65; 122C-66; 
143B-I47; 143B-403.1; PAMU Act, 42 U.S.C. 
10801. 

SUBCHAPTER 14R - TREATMENT OR 
HABILITATION RIGHTS 

SECTION .0100 - PROTECTIONS REGARDING 
INTERVENTION PROCEDURES 

.0101 LEAST RESTRICTIVE ALTERNATIVE 

(a) The goal of all treatment and habilitation 
shall be to provide services in the least restrictive, 
most appropriate and effective positive treatment 
modalities. 

(b) Any intervention procedure designed to re- 
duce a behavior shall always be accompanied by 
positive treatment or habilitation methods. 

Statutory Authority G.S. 122C-51; 122C-53; 
131E-67; 143B-147. 

.0102 PROHIBITED PROCEDURES 

Each governing body shall develop policies re- 
garding prohibited interventions. Such policies 
shall specify: 

(1) those interventions which have been pro- 
hibited by statute or rule which shall in- 
clude: 

(a) any intervention which would be consid- 
ered corporal punishment under G.S. 
122C-59; 

(b) the contingent use of painful body contact; 

(c) substances administered to induce painful 
bodily reactions, exclusive of Antabuse; 

(d) electric shock (excluding medically ad- 
ministered electroconvulsive therapy); 

(e) insulin shock; and 

(2) those interventions determined by the gov- 
erning body to be unacceptable for use in 
the facility or prohibited by the funding 
agencies or regulations. 

Statutory Authority G.S. I22C-51; I22C-57; 
122C-59; I31E-67; 1 43 B- 1 47. 

.0103 GENERAL POLICIES REGARDING 
INTERVENTION PROCEDURES 

(a) This Rule applies only to services utilizing 
the following interventions: 

(1) exclusionary time-out for more than 15 
minutes; 

(2) time-out for more than one hour; 



(3) contingent withdrawal or delay of access 
to personal possessions or goods to which 
the client would ordinarily be entitled; 

(4) consistent deprivation of items or cessa- 
tion of an activity which the client is 
scheduled to receive (other than basic ne- 
cessities); 

(5) overcorrection to which the client resists; 
and 

(6) other interventions specified in Rule .0104 
and Rule .0106 of this Section. 

(b) The governing body shall develop policies 
and procedures for the use of interventions spec- 
ified in Paragraph (a) of this Rule, determined to 
be acceptable for use in the facility. Such policies 
shall include: 

(1) procedures for ensuring that the compe- 
tent adult client or legally responsible 
person of a minor client or incompetent 
adult client is informed: 

(A) of the general types of interventions 
that are authorized for use by the facility; 
and 

(B) that the legally responsible person can 
request notification of each use of an in- 
tervention as specified in this Rule, in ad- 
dition to those situations required by G.S. 
122C-62. When multiple interventions 
are required during a 24-hour period, such 
notification may be summarized to the 
legally responsible person one time during 
each 24-hour period; 

(C) that the competent adult client may 
designate an individual to receive notifi- 
cation, in accordance with G.S. 
122C- 53(a), alter any occurrence of the 
use of an intervention procedure as speci- 
fied in Subchapter 14R, Section .0100 of 
this Chapter. 

(2) provisions for humane, secure and safe 
conditions in areas used for the inter- 
vention, such as adequate ventilation, 
light and a room temperature consistent 
with the rest of the facility; 

(3) appropriate attention paid to the need for 
fluid intake and the provision of regular 
meals, bathing and the use of the toilet. 
Such attention shall be documented in the 
client record; and 

(4) procedures for assuring that when an in- 
tervention as specified in this Rule has 
been used with a client three or more 
times in a calendar month, the following 
requirements are met: 

(A) A treatment or program plan developed 
within ten working days of the third in- 
tervention. The treatment or program 
plan shall include, but not be limited to: 



42 



5: 1 IS'OR TH CA ROLINA R EG IS TER April 2, 1990 



PROPOSED RULES 



(i) indication of need; 

(ii) specific description of problem be- 
havior; 

(iii) specific goal to be achieved and esti- 
mated duration of procedure; 

(iv) specific early intervention when pre- 
cursor behaviors are exhibited; 

(v) specific procedure to be employed; 

(vi) specific methodology of the inter- 
vention; 

(vii) methods for measuring treatment 
efficacy; 

(viii) guidelines for discontinuation of the 
procedure; 

(ix) the accompanying positive treatment 
or habilitation methods which are in- 
tended to be as strong as the negative 
aspects of the plan; and 

(x) the specific limitations on approved 
uses of the intervention per episode and 
per day and requirements for on-site 
assessments by the responsible profes- 
sional. 

(B) In emergency situations, a qualified 
professional may continue to use the in- 
tervention until the planned intervention 
is addressed in the treatment or program 
plan. 

(C) The qualified professional shall explain 
the intervention and the reason for the 
intervention to the client and the legally 
responsible person, if applicable, and do- 
cument such explanation in the client re- 
cord. 

(D) Before implementation of the planned 
intervention, the treatment or habilitation 
team, if there is one, shall approve the 
treatment or program plan. 

(E) The use of the intervention shall be re- 
viewed at least monthly by the treatment 
or habilitation team. 

(F) If a client or legally responsible person 
refuses the use of such procedures, the 
right to refuse treatment procedures as re- 
quired in Rule .0302 of this Subchapter 
shall be followed. 

(G) The interventions specified in this Rule 
shall never be the sole treatment modality 
designed to eliminate the target behavior. 
Interventions are to be used consistently 
and shall always be accompanied by pos- 
itive treatment or habilitation methods. 

(c) Whenever the interventions as specified in 
this Subchapter result in the restriction of a right 
in a 24-hour facility as specified in G.S. 
122C-62(b) and (d), procedures specified in G.S. 
122C-62(e) shall be followed. Exceptions to this 



Rule include the use of seclusion, restraint and 
isolation time-out, which are regulated in Rule 
.0104 of this Section. 

(d) Facility employees who authorize and im- 
plement interventions shall be privileged to do 
so, as well as to utilize alternative approaches. 
Such assurances shall be documented and main- 
tained in the personnel records of facility em- 
ployees. 

(e) Statistical records that reflect the frequency 
and duration of the individual uses of inter- 
ventions specified in this Rule shall be main- 
tained. This statistical record shall be made 
available to the human rights committee, if there 
is one, and the governing body at least quarterly. 

Statutory Authority G.S. 122C-51; 122C-53; 
122C-60; 122C-62; 131E-67; 143B-147. 

.0104 SECLUSION, RESTRAINT AND 
ISOLATION TIME OUT 

(a) This Rule delineates the procedures to be 
followed for seclusion, restraint and isolation 
time-out in addition to the procedures specified 
in Rule .0103(b) through (e) of this Section. 

(b) Those facilities which intend to employ the 
use of mechanical restraint or seclusion of a client 
shall be designated as a restrictive facility by the 
Division of Facility Services. 

(c) This Rule governs the use of specific phys- 
ical or behavioral interventions which are used to 
terminate a behavior or action in which a client 
is in imminent danger of abuse or injury to self 
or other persons or when substantial property 
damage is occurring, or which is used as a meas- 
ure of therapeutic treatment. Such interventions 
include: 

(1) seclusion; 

(2) restraint; and 

(3) isolation time-out. 

(d) The use of seclusion, restraint and isolation 
time-out shall be limited to those situations spe- 
cified in G.S. 122C-60, which include: 

(1) emergency interventions (planned and 
unplanned); and 

(2) therapeutic treatment as specified in Rule 
.0106 of this Section. 

(e) If determined to be acceptable for use 
within the facility, the governing body shall es- 
tablish written policies and procedures that gov- 
ern the use of seclusion, restraint and isolation 
time-out which shall include the following: 

(1) process for identifying and privileging fa- 
cility employees who may authorize and 
implement such interventions; 

(2) provisions that a qualified or responsible 
professional shall: 



5:7 NORTH CAROLINA REGISTER April 2, 1990 



43 



PROPOSED RULES 



(A) review the use of the intervention as 
soon as possible but at least within one 
hour of the initiation of its use; 

(B) verify the inadequacy of less restrictive 
intervention techniques; and 

(C) document in the client record evidence 
of approval or disapproval of continued 
use. 

(3) procedures for documenting in the client 
record the intervention which occurred, to 
include, but not be limited to: 

(A) the rationale for the use of the inter- 
vention which also addresses the inade- 
quacy of less restrictive intervention 
techniques; 

( B ) notation of the frequency, intensity and 
duration of the behavior and any precipi- 
tating circumstance contributing to the 
onset of the behavior; 

(C) description of the intervention and the 
date, time and duration of its use; and 

(D) signature and title of the facility em- 
ployee responsible for the use of the in- 
tervention. 

(4) procedures for the notification of others 
to include: 

(A) those to be notified as soon as possible 
but no more than 72 hours after the be- 
havior has been controlled to include: 

(i) the treatment or habilitation team, or 
its designee, after each use of the inter- 
vention; and 

(ii) a designee of the governing body. 

(B) notification in a timely fashion of the 
legally responsible person of a minor cli- 
ent or an incompetent adult client when 
such notification has been requested. 

(5) procedures to identify clients with reason- 
ably foreseeable physical consequences to 
the use of restraint, shall include, but not 
be limited to: 

(A) documentation of clients with physical 
disability or past surgical procedures that 
would make affected nerves and bones 
sensitive to injury; and 

(B) the identification and documentation 
of alternative emergency procedures if 
needed. 

(f) Any room used for seclusion or isolation 
time-out shall meet the following criteria: 

(1) The room shall be designed and con- 
structed to ensure the health, safety and 
well-being of the client. 

(2) The floor space shall not be less than 50 
square feet, with a ceiling height of not 
less than eight feet. 

(3) Floor and wall coverings, as well as any 
contents of the room, shall have a one- 



hour fire rating and shall not produce 
toxic fumes if burned. 

(4) The walls shall be kept completely free of 
objects. 

(5) A lighting fixture, equipped with a mini- 
mum of a 75 watt bulb, shall be mounted 
in the ceiling and be screened to prevent 
tampering by the client. 

(6) One door of the room shall be equipped 
with a window mounted in a manner 
which allows inspection of the entire 
room. Glass in any windows shall be 
impact resistant and shatterproof. 

(7) The room temperature and ventilation 
shall be comparable and compatible with 
the rest of the facility. 

(8) In a room where the door is not under 
direct observation by staff and if a staff 
person is not assigned to continuously 
observe the area during the duration of the 
confinement, the lock on the room shall 
be interlocked with the fire alarm system 
so that the door automatically unlocks 
when the fire alarm is activated. 

(g) Seclusion, restraint and isolation time-out 
shall not be employed as retaliation or for the 
convenience of staff or used in a manner that 
causes harm or undue physical or mental dis- 
comfort or pain to the client. 

(h) Whenever seclusion, restraint or isolation 
time-out is used on an emergency basis prior to 
inclusion in the treatment or program plan, the 
following procedures shall be followed: 

(1) A facility employee privileged to adminis- 
ter emergency interventions may employ 
such procedures for up to 15 minutes 
without further authorization. 

(2) A qualified professional who has experi- 
ence and training in the use of seclusion, 
restraint or isolation time-out and who 
has been privileged to employee such in- 
terventions, may authorize the continued 
use of such interventions for up to one 
hour from the time of initial employment 
of the intervention. If a qualified profes- 
sional is not immediately available to 
conduct an assessment of the client, but 
after discussion with the facility employee, 
concurs that the intervention is justified 
for longer than 15 minutes, continuation 
of the intervention may be verbally au- 
thorized for up to one hour. The quali- 
fied professional shall observe and assess 
the client within one hour after authoriz- 
ing the continued use of the intervention. 
If the intervention needs to be continued 
for longer than one hour, the professional 



44 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



responsible for the client's treatment or 
program plan shall be consulted. 

(3) Use of isolation time-out shall not exceed 
one hour in Intermediate Care Facilities 
for the Mentally Retarded (ICF/MR). 

(4) The continued use of seclusion or restraint 
for over one hour shall only be authorized 
by the responsible professional. If the re- 
sponsible professional is not immediately 
available to conduct a clinical assessment 
of the client, but after discussion with the 
qualified professional, concurs that the 
seclusion or restraint is justified for longer 
than one hour, continuation of the inter- 
vention may be verbally authorized until 
an on-site assessment of the client can be 
made. The responsible professional shall 
meet with and conduct an assessment of 
the client and write such authorization 
within 12 hours from the time of initial 
employment of the intervention. 

(i) Whenever a client is in seclusion, restraint 
or isolation time-out for more than 24 contin- 
uous hours, the client's rights, as specified in G.S. 
122C-62(b) and (d), are" restricted. The doc- 
umentation requirements in this Rule shall satisfy 
the requirements specified in G.S. 122C-62(e) for 
restriction of rights in G.S. 122C-62(b) and (d). 
Rights specified in G.S. 122C-62(a) and (b) shall 
be exercised at reasonable intervals. 

(j) Whenever seclusion, restraint, or isolation 
time-out is used more than three times in 30 
consecutive days, the procedure shall be ad- 
dressed as a planned intervention in the treatment 
or program plan. 

(k) In addition to the requirements in this 
Rule, additional safeguards as specified in Rule 
.0106 of this Section shall be initiated under the 
following conditions: 

(1) whenever a client exceeds spending 40 
hours, or more than one episode of 24 or 
more continuous hours in emergency se- 
clusion, restraint or isolation time-out 
during 30 consecutive days; or 

(2) whenever seclusion, restraint or isolation 
time-out is used as a measure of thera- 
peutic treatment as specified in G.S. 
122C-60 and is limited to specific planned 
behavioral interventions designed for the 
extinction of dangerous, aggressive or un- 
desirable behaviors. 

(1) The written approval of the designee of the 
governing body shall be required when seclusion, 
restraint or isolation time-out is utilized for lon- 
ger than 24 continuous hours. 

(m) Standing orders or PRN orders shall not 
be used to authorize the use of seclusion, re- 
straint or isolation time-out. 



(n) The client shall be removed from seclusion, 
restraint or isolation time-out as soon as thera- 
peutically appropriate but in no case shall the 
client remain in seclusion, restraint or isolation 
time-out longer than 30 minutes after gaining 
behavioral control. If the client is unable to gain 
self-control within the time frame specified in the 
authorization, a new authorization must be ob- 
tained. 

(o) While the client is in seclusion, restraint or 
isolation time-out, the following precautions 
shall be followed: 

(1) Whenever a client is in seclusion or re- 
straint, periodic observation of the client 
shall occur at least every 15 minutes, or 
more often as necessary, to assure the 
safety of the client. Appropriate attention 
shall be paid to the provision of regular 
meals, bathing, and the use of the toilet. 
Such observation and attention shall be 
documented in the client record. 

(2) Whenever a client is in isolation time-out, 
there shall be a facility employee in at- 
tendance with no other immediate re- 
sponsibility than to monitor the client 
who is placed in isolation time-out. 
There shall be continuous observation 
and verbal interaction with the client 
when appropriate. Such observation shall 
be documented in the client record. 

(3) When restraint is used in the absence of 
seclusion and the client may be subject to 
injurs', a facility employee shall remain 
present with the client continuously. 

(p) Reviews and reports on the use of seclu- 
sion, restraint and isolation time-out shall be 
conducted as follows: 

(1) all uses of seclusion, restraint and isolation 
time-out shall be reviewed in a timely 
fashion by a designee of the governing 
body and unusual or possibly unwar- 
ranted patterns of utilization shall be in- 
vestigated; 

(2) a log which includes the following infor- 
mation on each use of restraint, seclusion 
and isolation tune-out shall be main- 
tained: 

(A) name of the client; 

(B) name of the responsible professional; 

(C) date of each intervention; 

(D) time of each intervention; 

(E) type of intervention; 

(F) duration of each intervention; and 

(G) reason for use of theintervention. 

(q) Nothing in this Rule shall be interpreted to 
prohibit the use of voluntary seclusion, restraint 
or isolation time-out at the client's request; 
however, the procedures in this Rule shall apply 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



45 



PROPOSED RULES 



with the exception of Subparagraphs (e)(3)(A) 
and (B) and Paragraph (h) of this Rule. 

Statutory Authority G.S. 122C-51; I22C-53; 
/22C-60; 122C-62; 131E-67; 143B-147. 

.0105 PROTECTIVE DEVICES 

(a) Whenever protective devices are utilized for 
clients, the governing body shall develop policies 
to ensure that: 

( 1) the necessity for the protective device has 
been assessed and the device applied by a 
professional who has been trained and 
privileged in the utilization of protective 
devices; 

(2) the protective device is the least restrictive 
appropriate measure; 

(3) the client is frequently observed and pro- 
vided opportunities for toileting, exercise, 
etc. as needed. Protective devices which 
limit the client's freedom of movement 
shall be observed at least every hour. 
Whenever the client is restrained and 
subject to injury by another client, a fa- 
cility employee shall remain present with 
the client continuously. Observations and 
interventions shall be documented in the 
client record; 

(4) protective devices are cleaned at regular 
intervals; and 

(5) the utilization of protective devices in the 
treatment or program plan shall be subject 
to review by the human rights committee, 
if there is one. 

(b) In addition to the requirements specified in 
Paragraph (a) of this Rule, protective devices 
used for behavioral control which have the effect 
of significantly restraining the client's freedom of 
movement shall comply with the requirements 
specified in Rule .0103 and Rule .0104 of this 
Section. 

Statutory Authority G.S. I22C-51; I22C-53: 
122C-60; I31E-67; 143B-147. 

.0106 INTERVENTIONS REQUIRING 
ADDITIONAL SAFEGUARDS 

(a) This Rule applies only to services utilizing 
interventions specified in Paragraph (b) of this 
Rule which present a significant risk to the client 
and, therefore, require additional safeguards. 

These procedures shall be followed in addition to 
the procedures specified in Rule .0103 and Rule 
.0104 of this Section if seclusion, restraint or iso- 
lation time-out is utilized. 

(b) The following interventions are designed for 
the primary purpose of reducing the incidence of 
aggressive, dangerous or self injurious behavior 



to a level which will allow the use of less intrusive 
treatment or habilitation procedures. Such in- 
terventions include the use of: 

(1) seclusion, restraint or isolation time-out 
employed as a measure of therapeutic 
treatment; 

(2) seclusion, restraint, isolation time-out used 
on an emergency basis more than 40 
hours in a calendar month or more than 
one episode of 24 hours; 

(3) unpleasant tasting foodstuffs; 

(4) planned non-attention to specific undesir- 
able behaviors when the target behavior 
is health threatening; 

(5) contingent deprivation of any basic neces- 
sity; 

(6) contingent application of any noxious 
substances which include but are not lim- 
ited to noise, bad smells or splashing with 
water; and 

(7) any potentially physically painful proce- 
dure or stimulus which is administered to 
the client for the purpose of reducing the 
frequency or intensity of a behavior. 

(c) Such interventions shall never be the sole 
treatment modality for the elimination of target 
behavior. The intervention shall always be ac- 
companied by positive treatment or habilitation 
methods which include the deliberate teaching 
and reinforcement of behaviors which are non- 
injurious: the improvement of conditions associ- 
ated with non-injurious behaviors such as an 
enriched educational and social environment; and 
the alteration or elimination of environmental 
conditions which are reliably correlated with 
self- injury. 

(d) Prior to the implementation of any planned 
use of the interventions specified in Paragraph (b) 
of this Rule, the following written approvals and 
notifications shall be obtained and documented 
in the client record: 

(1) The responsible professional and the 
treatment or habilitation team if there is 
one shall approve the plan. 

(2) Fach client whose treatment or program 
plan includes interventions with reason- 
ably foreseeable physical consequences 
shall receive an initial medical examina- 
tion and periodic planned monitoring by 
a physician. 

(3) The governing body shall assure that a 
client advocate has been identified and 
informed that the intervention has been 
planned for the client and the rationale for 
utilization of the intervention. 

(4) The governing body shall assure that an 
Intervention Advisory Committee as de- 
fined in Rule .0107 of this Section has 



it 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



been organized and informed regarding 
the intervention being planned for the cli- 
ent. Confidential information provided 
to the advisory committee shall be within 
the constraints of G.S. 122C-53(a). 
(5) A designee of the treatment or habilitation 
team shall explain the intervention and 
the reason for the intervention to the cli- 
ent and the legally responsible person, if 
applicable. The prior written consent of 
the client or legally responsible person 
shall be obtained except for those situ- 
ations specified in Rule .0 104(k)( 1) of this 
Section. If the client or legally responsible 
person, if applicable, refuses the inter- 
vention, the governing body's procedures 
regarding the right to refuse treatment 
procedures shall be followed. 

(e) If any of the persons or committees speci- 
fied in Subparagraphs (d)(1), (2), (4), or (5) of 
this Rule do not approve the continued use of a 
planned intervention, the planned intervention 
shall be terminated. The governing body shall 
establish an appeal mechanism for the resolution 
of any disagreement over the use of the inter- 
vention. 

(f) Neither the consents nor the approvals spe- 
cified in Paragraph (d) of this Rule shall be con- 
sidered valid for more than six months. The 
responsible professional and the treatment or 
habilitation team, if there is one, shall re-evaluate 
the use of the intervention and obtain the client's 
and legally responsible person's consent for con- 
tinued use of the intervention. The decision to 
continue the intervention shall be based on clear 
and recent behavioral evidence that the inter- 
vention is having a positive impact and continues 
to be needed. 

(g) The plan shall be reviewed at the next 
meeting of the Intervention Advisory Committee 
within the constraints of 10 NCAC 18D .0215, 
division publication APSM 45-1, 1/10/86, 
(CONFIDENTIALITY RULES), adopted pur- 
suant to G.S. 150B- 14(c). The committee, by 
majority vote, may recommend approval or dis- 
approval of the plan or may abstain from making 
a recommendation. Implementation of the in- 
tervention shall be reviewed by the Committee 
within 30 days of the initiation of the plan. 

(h) The intervention shall be used only when 
the responsible professional and the treatment or 
habilitation team, if there is one, has determined 
and documented in the client record the follow- 



ing: 



1) that the client is engaging in behaviors that 
are dangerous, aggressive and likely to re- 
sult in injury to self or others; 



(2) that other methods of treatment or habil- 
itation employing less intrusive inter- 
ventions are not appropriate or effective, 
with the reasons supporting this determi- 
nation; 

(3) the frequency, intensity and duration of 
the target behavior, and the behavior's 
probable antecedents and consequences; 
and 

(4) that in the case of aversive interventions, 
a systematic study on alternatives to such 
interventions has been conducted and 
other non-aversive techniques have been 
tried and did not work; 

(i) Accurate and up-to-date written records 
shall be maintained on the application of the in- 
tervention and accompanying positive proce- 
dures. These records shall include at a minimum 
the following: 

(1) data which reflect the frequency, intensity 
and duration with which the targeted be- 
havior occurs (scientific sampling proce- 
dures are acceptable); 

(2) data which reflect the frequency, intensity 
and duration of the intervention and any 
accompanying positive procedures; and 

(3) data which reflect the facility employees 
who administered the interventions. 

(')) The governing body shall assure that the 
interventions are evaluated at least weekly and 
are documented in the client record. A qualified 
professional shall be involved in this evaluation 
at least every other week. 

(k) During the use of the intervention, the in- 
tervention advisory committee shall be given the 
opportunity to review the treatment or program 
plan within the constraints of 10 NCAC 18D 
.0215 division publication APSM 45-1, 1/10/86, 
(CONFIDENTIALITY RULES) adopted pur- 
suant to G.S. 1 5013- 14(c). 

Statutory Authority G.S. 122C-51; 122C-53; 
122C-57; I22C-60; I22C-62; 131E-67; 143B-147. 

.0107 INTERVENTION ADVISORY 
COMMITTEES 

(a) Intervention advisory committees shall be 
established to provide an additional safeguard in 
those programs that utilize intrusive treatment 
or habilitation interventions specified in Rule 
14R .0106. 

(b) The committee shall be composed of three 
to five concerned citizens who are not employees 
of, or members of the governing body. One of 
the individuals shall be a professional with train- 
ing and expertise in the use of the type of inter- 
ventions being utilized, who is not involved in 
the treatment or habilitation of the client. The 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



4~ 



PROPOSED RULES 



committee shall also include at least one person 
who is or has been a consumer or who is a close 
relative of a consumer. 

(c) Each committee shall have policies govern- 
ing its operation. 

(d) The governing body shall assure that the 
committee is supplied with appropriate statutes 
and rules governing client rights and related is- 
sues and literature about the proposed inter- 
ventions and their alternatives. The governing 
body shall also assure that each member of the 
committee has received specific training and ori- 
entation as to the charge of the committee. 

(e) The committee shall maintain minutes of 
each meeting. Care shall be taken that the min- 
utes do not violate the provisions of G.S. 
122C-52. 

(f) Each committee shall make an annual writ- 
ten report to the governing body on the activities 
of the committee. 

(g) Committee members shall have access to 
client records on a need to know basis only upon 
the written informed consent of the client or his 
legally responsible person as specified in G.S. 
122C- 53(a). This access shall be given only 
when necessary for committee members to per- 
form their duties. 

(h) Committee members shall treat the client 
record as confidential information in accordance 
with G.S. 122C-52 through G.S. 122C-56. 

(i) Each committee shall have a caseload of not 
more than 30 clients whose intrusive inter- 
ventions are being reviewed. 

(j) A Human Rights Committee serving this 
function shall comply with this Rule. 

Statutory Authority G.S. 122C-51 through 
122C-56; 143B-147. 

SECTION .0200 - PROTECTIONS REGARDING 
MEDICATIONS 

.0201 SAFEGUARDS REGARDING 
MEDICATIONS 

(a) The facility shall follow the Rules in 10 
NCAC 14K .0349 through .0355, G.S. 122C-57, 
and G.S. 90. Articles 1, 4A and 9A when utilizing 
drugs or medication. 

(b) The use of experimental drugs or medica- 
tion shall be considered research and shall be 
governed by 10 NCAC 14K .0333 and .0334 and 
G.S. 122C-57(f). 

(c) The governing body of a medical service 
which utilizes neuroleptic medications shall es- 
tablish the following policies and procedures rel- 
ative to utilization of such medications and 
safeguards for prevention of tardive dyskinesia: 



(1) methods for minimizing the risk of tardive 
dyskinesia by prescribing neuroleptic 
medication judiciously and in the lowest 
possible therapeutic dosages. 

(2) training aimed at education of program 
staff regarding indications for using neu- 
roleptic medication, expected therapeutic 
effects of neuroleptic medication and 
common side effects including indications 
of tardive dyskinesia; and 

(3) procedures for monitoring clients on neu- 
roleptic medications for signs of tardive 
dyskinesia including the following: 

(A) designation of a standardized procedure 
or rating system; 

(B) frequency of client examinations; 

(C) training and privileging of examiners in 
the selected methodology; and 

(D) documentation in the client record. 

Statutory Authority G.S. 122C-51; I22C-57; 
131E-67; USB- 147. 

SECTION .0300 - RIGHT TO REFUSE 
TREATMENT 

.0301 THERAPEUTIC AND DIAGNOSTIC 
PROCEDURES 

In addition to the treatment procedures speci- 
fied in G.S. 122C-57(a) through (f), other intru- 
sive procedures which are not routine medical 
diagnostic or treatment procedures shall require 
the express and informed written consent of the 
client or legally responsible person prior to their 
initiation except in medical emergencies. Proce- 
dures requiring written consent shall include, but 
are not limited to, the prescription or adminis- 
tration of the following drugs: 

( 1) Antabuse; and 

(2) Depo-Provera when used for non-EDA 
approved uses. 

Statutory Authority G.S. 90-2/. J; 90-21.13; 
I22C-51; I22C-57; 131E-67; 143B-147. 

.0302 INTRUSIVE INTERVENTIONS 

(a) Interventions as specified in Rules .0103 
through .0106 of this Subchapter shall not be 
administered to a voluntary client in a non-em- 
ergency situation if the client or legally responsi- 
ble person refuses the interventions except for 
those situations specified in Rule 14R 

.0104(k)(l). 

(b) The governing body shall develop and im- 
plement policies assuring due process procedures 
for involuntary clients who refuse the use of in- 
trusive interventions. 



4S 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



Statutory Authority 
131E-67; 143B-147. 



G.S. 122C-51; 122C-57; 



.0303 REFUSAL OF CONSENT 

Refusal of consent shall not be used as sole 
grounds for termination or threat of termination 
of services unless such procedures are the only 
viable treatment option available. 



Statutory Authority G.S. 
143B-147. 



122C-51; 122C-57; 



SUBCHAPTER 14S - 24-HOUR FACILITIES 

SECTION .0100 - SPECIFIC RULES FOR 
24 HOUR FACILITIES 

.0101 SCOPE 

Clients of mental health, developmental disa- 
bilities and substance abuse services are provided 
certain rights through the General Statutes. This 
Subchapter delineates those rights that are rele- 
vant to residential and inpatient services. 



Statutory Authority 
I43B-147. 



G.S. 122C-S1; 122C-62; 



.0102 COMMUNICATION RIGHTS 

(a) Except as provided in G.S. 122C-62(e), cli- 
ents in 24-hour facilities maintain communi- 
cation rights as specified in 122C-62 at all 
reasonable times. 

(b) In order to ensure the protection of client 
rights specified in G.S. 122C-62(a)(l) and G.S. 
122C-62(d)(2), each facility shall make limited 
postage available to indigent clients. 

(c) Adult clients shall have access to telephones 
in private areas, when requested by the client, in 
order to ensure the protection of the client right 
specified in G.S. 122C-62(b)(l). Access shall 
also be in accordance with Section 504 of the 
Rehabilitation Act of 1973 and 1978. 

Statutory Authority G.S. I22C-62; I43B-147. 

.0103 LIVING ENVIRONMENT 

(a) Efforts shall be made to: 

(1) provide a quiet atmosphere for uninter- 
rupted sleep during scheduled sleeping 
hours; and 

(2) provide areas accessible to the client for 
personal privacy, for at least limited peri- 
ods of time, unless determined inappro- 
priate by the treatment or habilitation 
team. 

(b) Each client may suitably decorate his room, 
or portion of a multi-resident room, with respect 
to the client's choice, normalization principles. 



and with respect for the physical structure. The 
governing body may establish written policies 
and justifications which limit this right in certain 
circumstances such as resource limitations and 
for special admissions (e.g., short-term admis- 
sions where admission is for less than 30 days). 



Statutory Authority G.S. 
143B-I47. 



122C-51; 122C-62; 



.0104 HEALTH, HYGIENE AND GROOMING 

(a) Each client shall be assured the right to 
dignity, privacy and humane care in the provision 
of personal health, hygiene and grooming care 
including, but not limited to the: 

(1) opportunity for a shower or tub bath 
daily, or more often as needed; 

(2) opportunity to shave at least daily; 

(3) opportunity to obtain the services of a 
barber or a beautician; and 

(4) provision of linens and towels, toilet paper 
and soap for all clients and other individ- 
ual personal hygiene articles for indigent 
clients. Such other articles include but are 
not limited to toothpaste, toothbrush, 
sanitary napkins, tampons, shaving cream 
and shaving utensil. 

(b) Bathtubs or showers and toilets which en- 
sure individual privacy shall be available. 

(c) Adequate toilets, lavatory and bath facilities 
equipped for use by clients with mobility im- 
pairments shall be available. 



Statutory Authority G.S. 
143B-147. 



122C-51; 122C-62; 



.0105 STORAGE AND PROTECTION OF 
CLOTHING AND POSSESSIONS 

The facility shall make every effort to protect 
the client's personal clothing and possessions 
from theft, damage, destruction, loss, and mis- 
placement. This includes, but is not limited to, 
assisting the client in developing and maintaining 
an inventor)' of clothing and personal possessions 
if the client or legally responsible person desires. 

Statutory Authority G.S. 122C-62; 143B-147. 

.0106 CLIENTS PERSONAL FUNDS 

(a) This Rule applies to 24-hour facilities which 
typically provide residential services to individual 
clients for more than 30 days. 

(b) Competent adult clients and minors above 
the age of 16 shall be assisted and encouraged to 
maintain or invest their money in personal fund 
accounts other than at the facility. This shall 
include, but not be limited to, investment of 
funds in interest bearing accounts. 



5.-7 NORTH CAROLINA REGISTER April 2, 1990 



49 



PROPOSED RULES 



(c) If funds are managed for clients by the fa- 
cility, the governing body shall develop written 
policies and procedures for internal personal fund 
accounts which: 

(1) assure to the client the right to deposit and 
withdraw money; 

(2) regulate the receipt and distribution of 
funds in personal fund accounts; 

(3) provide for the receipt of deposits in per- 
sonal fund accounts from friends, relatives 
or others and withdrawal by the client; 

(4) provide for the keeping of adequate fi- 
nancial records on all transactions affect- 
ing funds on deposit in personal fund 
accounts; 

(5) assure that the funds will be kept separate 
from any operating funds of the facility; 

(6) provide for the deduction from personal 
fund accounts for treatment or habili- 
tation services when authorized by the 
client or legally responsible person upon 
or subsequent to admission of the client. 

(7) provide for the issuance of receipts to 
persons depositing or withdrawing funds; 
and 

(8) provide the client with a quarterly ac- 
counting of personal fund accounts. 

(c) The facility may not deduct from a personal 
fund account any amount owed or alleged to be 
owed to the facility or an employee or visitor to 
the facility or other client of the facility for dam- 
ages done or alleged to have been done by the 
client to the facility, employee, visitor or other 
client, unless the legally responsible person au- 
thorizes the deduction. 

(d) The facility may not use the fact that a cli- 
ent or legally responsible person does not au- 
thorize a deduction as grounds for termination 
or threat of termination of services. 

Statutory Authority G.S. 122C-5I; 122C-5S; 
122C-62; 1 43 B- 147. 

CHAPTER 18 - MENTAL HEALTH: OTHER 
PROGRAMS 

SUBCHAPTER 181 -GENERAL 
REQUIREMENTS 

SECTION .0100 - PURPOSE: SCOPE: 
APPLICABILITY AND DEFINITIONS 

.0120 DEFINITIONS 

(a) For the rules contained in Subchapter 1SI 
through 18Q of this Chapter the following defi- 
nitions apply: 

(36) "Farlv Intervention Services" means the 
term as defined in 10 NCAC 14K .0103. 



(37) (46} "Emergency Service" means an as- 
sessment service which is provided on a 
24-hour non-scheduled basis to individ- 
uals for immediate screening/assessment 
of presenting problems. Crisis inter- 
vention or referral to other services are 
provided as indicated. These services may 
be provided either in a hospital or non- 
hospital setting. 

(38) (44) "First Aid" means the term as defined 
in 10 NCAC 14K .0103. 

(39) (44) "Follow Along" (for mental retarda- 
tion clients) means provision by the 
agency for a continuing relationship with 
the client for the purpose of assuring that 
the client's changing needs are recognized 
and appropriately met. 

(40) (49} 'Toster Parent" means an individual 
who provides substitute care for a planned 
period for a child when his own family or 
legal guardian cannot care for him; and 
who is licensed by the N.C. Department 
of Human Resources and supervised by 
the County Department of Social Services 
or by a private program licensed or ap- 
proved to engage in child care or child 
placing activities. 

(41) (4ft) "Governing Body" means the term 
as defined in 10 NCAC 14K .0103. 

(42) (444- "He/His/Him" means pronouns used 
throughout these standards for conven- 
ience and consistency for reference to both 
sexes. 

(43) "Health Services" means the term as de- 
fined in 10 NCAC 14K .0103. 

(44) (44) "High nsk children" means the term 
as defined in 10 NCAC 14K .0103. 

(45) (44) "Hours of Operation" means the 
term as defined in 10 NCAC 14K .0103. 

(46) (44) "Individual Goal Plan" (for clients 
with mental retardation or otherwise de- 
velopmentallv disabled) means the term 
as defined in'lO NCAC 14K .0103. 

(47) (44) "Individual Program Plan" (for cli- 
ents with mental retardation or otherwise 
developmental! v disabled) means the term 
as defined in 10 NCAC 14K .0103. 

(48) (44) "Individualized Education Program" 
means a written statement for a child with 
special needs that is developed and imple- 
mented pursuant to 16 NCAC 2F .1500 
(Rules Governing Programs and Services 
for Children with Special Needs) available 
from the Department of Public Instruc- 
tion. 

(40) (44) "Individual Treatment Plan" (for 
mental health substance abuse clients) 



50 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



means the term as defined in 10 NCAC 
14K .0103. 

(50) (48) "Infant" means the term as denned 
in 10 NCAC 14K .0103. 

(51) (49) "Inpatient service" means a service 
provided in a hospital setting on a 24-hour 
basis under the direction of a physician. 
The service provides continuous, close 
supervision for individuals with moderate 
to severe mental or substance abuse 
problems. 

(52) (40) "Justice Treatment Services" means 
consultation, treatment or educational 
services offered by the area program to 
components of the criminal justice system 
for individuals who have been indicted, 
prosecuted or incarcerated. 

(53) (-§4} "Legend Drug" means the term as 
defined in 10 NCAC 14K .0103. 

(54) 454) "Medication" means the term as de- 
fined in 10 NCAC 14K .0103. 

(55) (43) "Minor Client" means the term as 
defined in 10 NCAC 14K .0103. 

(56) (44) "Normalization Principle" means the 
principle of helping individuals to obtain 
an existence as close to normal as possible 
by making available to them patterns and 
conditions of every day life that are as 
close as possible to the norms and pat- 
terns of the mainstream of society. 

(57) (45) "Nurse" means the term as defined 
in 10 NCAC 14K .0103. 

(58) (46) "Parent" means the term as defined 
in 10 NCAC 14K .0103. 

(59) (4?) "Peer Review" means the formal as- 
sessment by professional staff of the qual- 
ity and efficiency of services ordered or 
performed by other professional staff. 

(60) (48) "Periodic Service" means a service 
provided through short recurring visits for 
individuals who are mentally ill, mentally 
retarded or substance abusers who can 
function in their normal environment. 

(61) (49) "Preschool age child" means the term 
as defined in 10 NCAC 14K .0103. 

(62) (6©) "Prevention/intervention Service" 
means a service provided to the general 
public or major segments of a commu- 
nity. Service activities include counseling, 
information, instruction, and technical as- 
sistance with the goals of preventing dys- 
function and promoting well being. 

(63) (44) "Privileging" means a process by 
which each staff member's credentials, 
training and experience are examined and 
a determination made as to which 
treatmcnt/habilitation modalities he is 
qualified to provide. 



(64) (45) "Program Evaluation" means the 
term as defined in 10 NCAC 14K .0103. 

(65) (43) "Psychiatric Nurse" means the term 
as defined in 10 NCAC 14K .0103. 

(66) (44) "Psychiatric Social Worker" means 
the term as defined in 10 NCAC 14K 
.0103. 

(67) (45) "Psychiatrist" means the term as de- 
fined in 10 NCAC 14K .0103. 

(68) (44) "Psychotherapy" means the term as 
defined in 10 NCAC 14K .0103. 

(69) (4?) "Psychotropic Medication" means 
the term as defined in 10 NCAC 14K 
.0103. 

(70) (48) "Qualified Alcoholism Professional" 
means the term as defined in 10 NCAC 
14K .0103. 

(71) (49) "Qualified Client Record Manager" 
means an individual who is a graduate of 
a curriculum accredited by the Council on 
Medical Education and Registration of 
the .American Medical Record Associ- 
ation and who is currently registered or 
accredited by the American Medical Re- 
cord Association. 

(72) (4©) "Qualified Drug Abuse Professional" 
means the term as defined in 10 NCAC 
14K .0103. 

(73) 47+) "Qualified Mental Health Profes- 
sional" means the term as defined in 10 
NCAC 14K .0103. 

(74) 475} "Qualified Mental Retardation Pro- 
fessional" means the same as the term 
"Qualified developmental disabilities pro- 
fessional" as defined in 10 NCAC 14K 
.0103. 

(75) (43) "Qualified Nutritionist" means the 
term as defined in 10 NCAC 14K .0103. 

(76) (44) "Qualified Substance Abuse Profes- 
sional" means the term as defined in 10 
NCAC 14K .0103. 

(77) (45) "Registered Dietitian" means the 
term as defined in 10 NCAC 14K .0103. 

(78) lfl4rf "Rehabilitation" means the term as 
defined in 10 NCAC 14K .0103. 

(79) (47) "Research" means the term as de- 
fined in 10 NCAC 14K .0103. 

(80) (48) "Research Review Board" means a 
group comprised of at least five members 
which has the authority to approve, re- 
quire modification, or disapprove pro- 
posed research projects of the area 
program or its contract agencies. Indi- 
viduals not directly associated with re- 
search projects under consideration 
comprise a majority of the review board. 
The review board may be established by 
the program conducting research activities 



5:7 NORTH CAROLINA REGISTER April 2, 1990 



51 



PROPOSED RULES 



(82) 

(S3) 
(84) 



(85) 



or by another public or private agency, 
institution or organization. 
(81 ) fW} "Residential Service" means a service 
provided in a 24-hour living environment 
in a non-hospital setting where room, 
board, and supervision are an integral part 
of the care, treatment, habilitation or re- 
habilitation provided the individual. 
(80) "Respite episode" means the term as 
defined in 10 NCAC 14K .0103. 
(£44 "Screening" means the term as de- 
fined in 10 NCAC 14K .0103. 

(S3) "Severely Physically Disabled 
Person" means for the purpose of ADAP 
(Adult Developmental Activity Program) 
the term as defined in 10 NCAC 14K 
.0103. 

fSrH "Standard Client Record" means a 
written account of all services provided a 
client from the time of formal acceptance 
of the client by the area program or con- 
tract agency until termination of services. 
This information is documented on stan- 
dard forms which are filed in a standard 
order. 

(86) (84) "Standards" means specifications of 
the required basic levels of activity and 
required basic levels of human and tech- 
nical resources necessary for the imple- 
mentation and operation of mental health, 
mental retardation and substance abuse 
programs. Standards are officially titled 
"Standards for Area Programs and Their 
Contract Agencies", are codified in 10 
NCAC 181 through 18Q and are pub- 
lished by the Division as APSM 35-1. 

(87) (&S) "State Facility" means a facility op- 
erated by the Division and which provides 
mental health, mental retardation or sub- 
stance abuse services. 
(86) "Student" means an individual who 
is participating in a prescribed course of 
instruction, for example, an individual 
who is enrolled in an alcohol and drug 
education traffic school or a drug educa- 
tion school. 

(89) (£?4 "Substantially Mentally Retarded 
Person" means the term as defined in 10 
NCAC 14K .0103. 

(90) (&&} "Support Services" means the term 
as defined in 10 NCAC 14K .0103. 

(91 ) {SAj "Telephone Counseling Service" me- 
ans an organized and publicized service 
providing short-term supportive coun- 
seling, referral, crisis intervention and in- 
formation. 

( 9 2 ) (-0% "Testing Services" means the admin- 
istration and interpretation of the results 



(88 



of standardized instruments for the as- 
sessment, diagnosis or evaluation of psy- 
chological or developmental disorders. 

(93) (£+) "Toddler" means the term as defmed 
in 10 NCAC 14K .0103. 

(94) (93) "Utilization Review" means exam- 
ination of the appropriateness of admis- 
sion, services ordered and provided, length 
of treatment and discharge practice usu- 
ally on a concurrent basis. Utilization 
review focuses upon the individual client. 

(95) (94} "Vocational Rehabilitation Services" 
means services available to eligible men- 
tally and physically disabled citizens who, 
with reasonable accommodations, can 
perform the essential function of the job 
in question as defined in the Rehabili- 
tation Act of 1973 (P.L. 93-112 as 
amended). 

Statutory Authority G.S. 122C-3; 143B-147. 

SUBCHAPTER ISM - REQUIRED SERVICES 

SECTION .0400 - CASE MANAGEMENT FOR 
INDIVIDUALS OF ALL DISABILITY GROUPS 

.0408 CASE MANAGEMENT ACTIVITIES 

(a) Case management activities shall include: 



(1) 



(2) 



(3) 



(4) 



(5) 



comprehensive assessment of the client's 
trcatment/habilitation needs or problem 
areas; 

the allocation of responsibilities for im- 
plementation and monitoring of the 
trcatment/habilitation plan; 

establishment of separate and joint re- 
sponsibilities among staff and service 
agencies involved in helping the individ- 
ual; 

planning for need J- or problem resolution 
through the identification or development 
of an appropriate service network inclu- 
sive of all available resources; and 
the evaluation of outcomes. 
When infants and toddlers are served, the 



following additional activities are included: 



ill 



developing transition plans m conjunction 
with the family related to entry into pre- 



121 

Li! 
(4) 



school which are the responsibility of the 
Department of Public Instruction or other 
involved public or private service provid- 
ers; 

facilitating and participating in the devel- 
opment, review and evaluation of individ- 
ualized family service plans: 

informing families of the availability of 
advocacy services: 

coordinating with medical and health 
providers: and 



52 



5:1 SORT II CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



(5) assisting parents of eligible children in 
gaining access to the early intervention 
services and other services identified in the 
individualized family services plan. 

Statutory Authority G.S. 122C-63; 143B-147. 

.0409 STAFF QUALIFICATIONS 

When infants, toddlers and preschoolers are 
served, the case manager shall have demonstrated 
knowledge and understanding about: 

(1) infants and toddlers with or at risk for de- 
velopmental delays or atypical development; 

(2) Fart II of PL 99-457, the federal regulations 
related to it and relevant state statutes and 
standards; 

(3) effective and appropriate help-giving be- 
haviors; and 

(4) the nature and scope of the services avail- 
able under the state's early intervention 
program, resources available for payment for 
services and other related information. 

Statutory Authority G.S. I22C-63; 1 43 B- 147. 

TITLE 14A - DEPARTMENT OF CRIME 
CONTROL AND PUBLIC SAFETY 



lyotice is hereby given in accordance with G.S. 
150B-12 that the Department of Crime Control & 
Public Safety I Division of State Highway Patrol 
intends to amend rides cited as 14 A NCAC 911 
.0302, .0801 - .0804. 

1 he proposed effective date of this action is A u- 
gust I, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on May 3. 1990 at Library, Second Floor, 
Archdale Bui/ding, 512 N. Sa/isbwy Street, Ra- 
leigh, NC 276/1. 



a 



omment Procedures: Any interested person 
may present comments relevant to the action pro- 
posed at the public hearing either in writing or oral 
form. Written statements not presented at the 
public hearing may be directed prior to the hearing 
to Wanda D. Goodson, Administrative Procedures 
Coordinator. First Floor, Archdale Building, 512 
.V. Salisbwy Street, P.O. Box 27687, Raleigh, NC 
27611-7687. 

CHAPTER 9 - STATE HIGHWAY PATROL 



SECTION .0300 - WRECKER SERVICE 

.0302 ROTATION OF WRECKER REQUESTS 

(a) When a motorist does not request a partic- 
ular wrecker service, members shall inform the 
telecommunicator as to the person making the 
request and shall inform the telecommunicator 
that the person has no preference as to a wrecker 
service. Troop commanders may arrange for te- 
lecommunicators to maintain a computerized 
rotation wrecker scrvico log on which private 
business concerns providing dependable, 24-hour 
wrecker service may be listed at their request, 
provided they conform with the laws governing 
the operation of wreckers. Telecommunicators 
shall be responsible for assuring that each service 
is called on a regular and equal rotating basis, 
unless emergency circumstances require a devi- 
ation from the rotation policy, as described in 
Paragraph Paragraphs (c) and (d) of this Regu- 
lation, or the Patrol Troop Commander ap- 
proves the use of a "Zone Wrecker Services" 
concept for a particular jurisdiction because of 
special considerations. 

(b) The telecommunicator shall enter in the 
computerized note t-H* th<» log the name of the 
wrecker service contacted and the response by the 
service to the request. 44*» tolccommunicator 

l- r "t ■ i II * j ' ^ ♦ . ^ i »i i i-^ . i \ , \ t i Hi ^ , \ • I i . | • fc w-k , 1 t ■ f-y\ ■ \ , \. f tUii , 2 ' 1 I I 
' H 1UII 1 1 T 'IV II T 1 1 1U \\f i, rTTTT l_! 1 1 1 L 1 CTTTTT PTTTTC I ' t I I IV CTTTT 

aft4 shall initial hi* entry m (4w k*gr The date and 
time of the call is automatically recorded in the 
computerized log as well as the identification 
number of the telecommunicator making the en- 

(c) When an emergency exists, members shall 
not be required to call wreckers requested by 
motorists or required by the rotation log, but 
shall instead call the nearest available wrecker 
service, when an emergency exists. (For exam- 
ple, when traffic congestion is a major problem, 
when persons are pinned in the wreckage, when 
danger of fire or explosion is present, or when 
other emergency situations exist.) 

(d) In the event the computerized rotation log 
is not in service (CAD down), the member re- 
questing wrecker service shall be notified. The 
member shall request the nearest available rota- 
tion wrecker. The request shall be entered on the 
slip log by the communications center as "CAD 
DOWN NEAREST ROTATION WRECKER 



Rl Ol 1 Sll D 
NTMBFR)". 



BY 



(UNIT 



CALL 



Statutory Authority G.S. 20-/84: 20-185: 20-187; 
20-/88.' 



SI BCIIAPTER 911 ENFORCEMENT 
REGULATION'S 



SECTION .0800 - PERSONS IN CUSTODY 
.0801 SEARCH FOR WEAPONS 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



53 



PROPOSED RULES 



Members shall search all mal e prisoners and 

take possession of all weapons and evidence. 

Exceptions may he made to this Rule as noted 
in Rule .0X02. 

Statutory Authority G.S. 15A-231; 15A-401; 20- 
184: 20-185; 20-187; 20-/SS. 

.0802 SEARCH OF PRISONERS OF THE 
OPPOSITE SEX 

(a) A mala member shall search a female pris- 
oner of the opposite sex only when an immediate 
search is necessary to assure the safety of the 
prisoner, member or others, or to preserve evi- 
dence which might otherwise be destroyed. If a 
member of the same sex as the prisoner is not 
available, only a pat-down search will be con- 
ducted unless circumstances warrant an immedi- 
ate, thorough search. 



(h) A pat-down search may be delayed until the 
arrival of a second officer. If a second officer is 
not available and or there is a safety issue, the 
pat-down search will not be delayed. 

(c) fb} Searches made under such conditions 
shall be made with all possible regard for decency 
and, if possible, a witness should be present. 

Statutory Authority G.S. 15A-231; 15A-401; 20- 

184; 20-185; 20-187; 20-188. 

.0803 TRANSPORTING PRISONERS 

Members shall transport prisoners to aft appro 
priate place «+ detention without d e lay aftd shall 
ftH+ accompany a prisoner te- the- prisoner's place 
e+~ residence without the cons e nt &f a sup e rior 
officer, search and handcuff all persons under 
arrest or in custody prior to transportation and 
shall not remove the handcuffs until the prisoner 
is delivered to a detention facility. t : xceptions to 
this Rule may be made within the discretionary 



guidelines of Directivt 



Security and 



portation of Prisoners. 



Statutory Authority G.S. 20-184; 20-185: 20-187; 
20-/88. 

.0804 TRANSPORTING PRISONERS OF THE 
OPPOSITE SEX 

( a ) A mal e member ' . . hall ftt-4 transport a female 
without a third pep . on being present throughout 
the k4pr When transportation of a person of the 
opposite sex is necessary, a third person, if pos- 
sible, should be present throughout the trip. 
Exceptions may be made whenever it is impossi- 
ble or impractical to have a third person present. 

(b) Whenever it is necessary for a mal e member 
to transport a female person of the opposite sex 



without the presence of a third person, he /she 
shall: 

(1) Notify the telecommunicator on duty of 
the Hfft© ©f- depart uro &f arrest, the 
odom e t e r r e ading, destination a»4 esti- 
mated time , ef- arrival at- that- location; 
identity' and description of the person, 
reason for arrest or transportation, lo- 
cation, destination and odometer reading. 

(2) Upon arrival at the destination the mem- 
ber shall notify the telecommunicator &f 
the time aft4 the odometer reading, such 
arrival, with a repeat of the identity of the 
person transported and the odometer 
reading. 

(c) Exceptions may be made to the Rules set 
forth in this Section in individual cases when au- 
thorized by a Eirst Sergeant or higher authority. 

Statutory Authority G.S. 20-/84; 20-185; 20-/87; 
20-188. 

TITLE 15A - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 



No 



otice is hereby given in accordance with G.S. 
I50B-I2 that the Environmental Management 
Commission intends to amend rule(s) cited as 
15A NCAC2B .0315. 

1 he proposed effective date of this action is No- 
vember I, 1990. 



Th 



he public hearing will be conducted at 7:00 
p.m. on June 7, 1990 at Superior Courtroom, 
Craven County Courthouse, 302 Broad Street, 
New Bern. X.C. 



a 



omment Procedures: All persons interested in 
this matter are invited to attend. Comments, 
statements, data, and other information may be 
submitted in writing prior to, during, or within 30 
days after the hearing or may be presented orally 
at the hearing. Oral statements may be limited 
at the discretion of the hearing officer. Submittal 
of written copies of oral statements is encouraged. 
For more information please contact Suzanne H. 
Keen, Division of Environmental Management, 
P.O. Box 2~687, Raleigh, NC 276/1 (9/9) 733- 
5083. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER 
STANDARDS: MONITORING 



54 



5:1 \ORTH CAROLIAA REGISTER April 2, 1990 



PROPOSED RULES 



SECTION .0300 - ASSIGNMENT OF STREAM 
CLASSIFICATIONS 

.0315 NEUSE RIVER BASIN 

(b) The Neuse River Basin Schedule of Clas- 
sification and Water Quality Standards was 
amended effective: 

(1) March 1, 1977; 

(2) December 13, 1979; 

(3) September 14, 1980; 

(4) August 9, 1981; 

(5) January 1, 1982; 

(6) April 1, 1982; 

(7) December 1, 1983; 

(8) January 1, 1985; 

(9) August 1, 1985; 

(10) February 1, 1986; 

(11) May 1, 1988; 

(12) July 1, 1988; 

(13) October 1, 1988; 

(14) January 1, 1990; 

( 1 5) November 1. 1990, 

(f) The Schedule of Classifications and Water 
Quality Standards for the Neuse River Basin was 
amended effective November _L F>90 with the 
reclassification of the following waters described 
in Paragraphs (f)( 1 ) through (3): 

( 1 ) Northwest (.'reek from its source to the 
Neuse River (Index No. 27- 105) from 
Class SC Sw NSW to Class SB Svv NSW; 

(2) Upper Broad Creek | Index No. 
27-ll)6-(4)| from Pamlico County SR 
1 103 at 1 ces 1 an ding to the Neuse River 
from Class SC Sw NSW to Class SB Sw 
NSW; and 

(3| Goose Creek [Index No. 27-107-(6)| from 
Wood 1 anding to the Neuse River from 
Class SC Sw NSW to Class SB Sw NSW. 



Statutory Authority G.S. 143-214.1; 143-215.1; 
143-215.3(a)(l). 



•k-k'k'k'k'k'k'k'k'k'k'k-kie'k-k-k'k 



No 



otice is hereby given in accordance with G.S. 
1 SOB- 12 that the EHNR - Division of Environ- 
mental Management intends to adopt nile(s) 
cited as 15A NCAC 2N .010/ - .0/04; .0201 - 
.0203; .0301 - .0303; .040/ - .0405; .050/ - .0506; 
.0601 - .0604; .070/ - .0708; .080/ - .0805. 

1 he proposed effective date of this action is Oc- 
tober 1. 1990. 



A 



on: 



A sheville 

May 2, 1990 

Humanities Lecture Hall 

UNC- A sheville 

Raleigh 

May 7, 1990 

Ground Floor Hearing Room 

Archdale Building 

512 N. Salisbury Street 

New Bern 

May 10, 1990 

Craven County Courthouse 

302 Broad Street 

2nd Floor 



c 



omment Procedures: Oral comments may be 
made at a hearing, or written statements may be 
submitted to the agency prior to April 30, 1990. 
Written copies of oral statements exceeding three 
minutes are requested. Oral statements may be 
limited at the discretion of the hearing officers. 
Send comments to: Randy Prillaman, Envir. 
Specialist, EHN R-DEM-Groundwater, P. O. Box 
27687, Raleigh, NC 27611. Telephone (919) 
733-3221. 

SUBCHAPTER 2N - UNDERGROUND 
STORAGE TANKS 

SECTION .0100 - GENERAL CONSIDERATIONS 

.0101 GENERAL 

(a) The purpose of this Subchapter is to es- 
tablish the technical standards and corrective ac- 
tion requirements for owners and operators of 
underground storage tanks. 

(b) The Groundwater Section of the Division 
of Environmental Management shall administer 
the underground storage tank program for the 
State of North Carolina. 

(c) Division staff may conduct inspections as 
necessary to ensure compliance with these Rules. 

(d) Subsequent to the effective date of this Rule 
land owners shall ensure that the presence and 
location of all UST systems are recorded on all 
deeds, at the time of transfer, to any property on 
which the UST systems are located. 



Statutory Authority 
143B-282(2)(h). 



G.S. 143-2/5.3(a)(15); 



11 public hearing will be conducted at 7:00 p.m. 



.0102 COPIES OF REFERENCED 
FEDERAL REGULATIONS 

(a) Copies of applicable Code of Federal Reg- 
ulations sections referred to in this Subchapter 
are available for public inspection at Department 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



55 



PROPOSED RULES 



of Environment, Health and Natural Resources 
regional offices. They are: 

(1) Asheville Regional Office, Interchange 
Building, 59 Woodfin Place, Post Office 
Box 370, Asheville, North Carolina 
28802; 

(2) Winston-Salem Regional Office, Suite 100, 
8025 North Pomt Boulevard, Winston- 
Salem, North Carolina 27106; 

(3) Mooresville Regional Office, 919 North 
Main Street, Mooresville, North Carolina 
28115; 

(4) Raleigh Regional Office, 3800 Barrett 
Drive, Post Office Box 27687, Raleigh, 
North Carolina 2761 1; 

(5) Fayetteville Regional Office, Wachovia 
Building, Suite 714, Fayetteville, North 
Carolina 28301; 

(6) Washington Regional Office, 1424 Caro- 
lina Avenue, Farish Building, Washing- 
ton, North Carolina 27889; 

(7) Wilmington Regional Office, 7225 
Wriuhtsville Avenue, Wilmington, North 
Carolina 28403. 

(b) Copies of such regulations can be made at 
these regional offices for ten cents ($0.10) per 
page. 

Statutory Authority G.S. 7A-308(a)( 12); 
143-21 5.3(a)( 15); 1433-282(2) (h). 

.0103 ADOPTION BY REFERENCE UPDATES 

The Code of Federal Regulations adopted by 
reference in this Subchapter shall automatically 
include any later amendments thereto as allowed 
by G.S. 150B- 14(c). 

Statutory Authority G.S. 143-215. 3(a)( 15 ); 
143B-282(2)(h). 

.0104 IDENTIFICATION OF TANKS 

(a) Owners and operators shall maintain at 
each facility a diagram that clearly indicates, for 
each underground storage tank: 

( 1 ) location with respect to property bounda- 
ries and any permanent on-site structures; 

(2) total storage capacity, in gallons; 

(3) the exact type of petroleum product (such 
as unleaded gasoline. No. 2 fuel oil, diescl) 
or hazardous substance stored; and 

(4) the year the tank was installed. 

(b) The diagram shall be made available for 
inspection, during normal operating hours, to 
authorized representatives of the Department. 

Statutory Authority G.S. 143-215. 3(a) (15); 
1438-282(2) (h). 



SECTION .0200 - PROGRAM SCOPE 
AND INTERIM PROHIBITION 

.0201 APPLICABILITY 

The provisions for "Applicability" contained in 
40 CFR 280.10 (Subpart A) have been adopted 
by reference in accordance with G.S. 150B- 14(c) 
except that underground storage tanks containing 
de minimis concentrations of regulated sub- 
stances are subject to the requirements for per- 
manent closure in Rules .0802 and .0803 of this 
Subchapter. 

Statutory Authority G.S. 143-21 5.3(a) ( 15); 
143B-282(2)(h); 1 SOB- 14(c). 

.0202 INTERIM PROHIBITION FOR 
DEFERRED L ST SYSTEMS 

The provisions for 'interim Prohibition for de- 
ferred L'ST systems" contained in 40 CFR 
280.11 (Subpart A) have been adopted by refer- 
ence in accordance with G.S. 150B- 14(c). 

Statutory Authority G.S. 143-21 5.3(a) ( 15); 
143B-282(2)(h); 150B-14(c). 

.0203 DEFINITIONS 

(a) The definitions contained in 40 CFR 280.12 
(Subpart A) have been adopted by reference in 
accordance with G.S. 150B- 14(c). 

(b) This Rule shall apply throughout this 
Subchapter except that: 

(1) "Implementing agency' shall mean the 
"Division of Environmental 
Management." 

(2) "Division" shall mean the "Division of 
Environmental Management." 

(3) "Director" and "Director of the Imple- 
menting Agency" shall mean the "Direc- 
tor of the Division of Environmental 
Management." 

(c) The following definitions shall apply 
throughout this Subchapter: 

(1) "De minimis concentration" means: 

(A) In an EST system which contains both 
a hazardous substance measured as mass 
per unit volume of liquid, and petroleum, 
that amount of hazardous substance 
which does not alter the detectability, ef- 
fectiveness of corrective action, toxicity 
or carcinogenicity of the petroleum prod- 
uct to any significant degree, or 

(B) In an EST system which contains a 
petroleum product, solely or in combina- 
tion with one or more non-hazardous 
substances, that amount of petroleum 
which does not exceed one percent of the 
capacity of the tank, excluding piping or 
vent lines. 



56 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



(2) "Expeditiously emptied after use" means 
the removal of a regulated substance from 
an emergency spill or overflow contain- 
ment UST system within 48 hours after 
the necessity for use of the UST system 
has ceased. 

(3) "Previously closed" means: 

(A) An UST system from which all regu- 
lated substances had been removed using 
commonly employed practices, the tank 
filled with a solid inert material, and tank 
openings were sealed or capped prior to 
December 22, 1988, or 

(B) An UST system removed from the 
ground prior to December 22, 1988. 

(4) "Temporarily closed" means: 

(A) An UST system from which the prod- 
uct has been removed such that not more 
than one inch of product and residue are 
present in any portion of the tank; or 

(B) Any UST system in use as of December 
22, 1988 which complies with the pro- 
visions of 15A NCAC 2M .0801. 

(5) "Licensed geologist" means a person who 
is presently registered and licensed as a 
geologist by the North Carolina Board for 
Licensing of Geologists. 

(6) "Professional engineer" means a person 
who is presently registered and licensed as 
a professional engineer by the North Ca- 
rolina State Board of Registration for 
Professional Engineers and Land Sur- 
veyors. 

(7) "Secondary' containment" means a 
method or combination of methods of 
release detection for UST systems that 
includes, but is not limited to: 

(A) Lor tanks, double-walled construction, 
external liners (including vaults) or other 
methods, approved by the Division, 
which meets the provisions of 40 CLR 
280.42(b)(5); and 

(B) Lor underground piping, trench liners, 
double-walled construction or other 
methods, approved by the Division, 
which meet the provisions of 40 CLR 
280.42(b)(5). 

Authority G.S. 143-215.3 (a) (15); 143B-282 (2) 
(hi; 150B-14 (c); 40 C.F.R. 280.12. 

SECTION .0300 - LSI SYSTEMS: DESIGN, 

CONSTRUCTION, INSTALLATION, AND 

NOTIFICATION 

.0301 PERFORMANCE STANDARDS FOR 
NEW I ST SYSTEMS 

(a) The "Performance standards for new UST 
systems" contained in 40 CLR 280.20 (Subpart 



B) have been adopted by reference in accordance 
with G.S. 150B- 14(c) except that: 

( 1) 40 CLR 280.20(a)(2)(iv) has been changed 
to read "Cathodic protection systems are 
operated and maintained in accordance 
with 15A NCAC 2N .0402, or as ap- 
proved by the Director;" 

(2) 40 CLR 280.20(b)(2)(iv) has been changed 
to read "Cathodic protection systems are 
operated and maintained in accordance 
with 15A NCAC 2N .0402 or as approved 
by the Director;" 

(3) 40 CLR 280.20(a)(4) is not adopted by 
reference; and 

(4) 40 CLR 280.20(b)(3) is not adopted by 
reference. 

(b) No UST system shall be installed: 

(1) within 100 feet of a well serving a public 
water system, as defined in 10 NCAC 10D 
.0702, or within 50 feet of any other well 
supplying water for human consumption; 
or 

(2) within 100 feet of any surface water clas- 
sified as WS-I, WS-II, WS-III, SA or 
ORW, as defined in 15A NCAC 2B .0200, 
or any other source of public water sup- 
plies. 

(c) An UST system must meet the require- 
ments of Rule .0503 of this Subchapter if it is 
installed: 

( 1) within 500 feet of a well serving a public 
water system, as defined in 10 NCAC 10D 
.0702 or within 100 feet of any other well 
supplying water for human consumption; 
or 

(2) within 500 feet of any surface water clas- 
sified as WS-I, WS-II, WS-III, SA or 
ORW, as defined in 15A NCAC 2B .0200, 
or any other source of public water sup- 
plies; and 

(3) in a location determined by the Director 
to be unsuitable for conventional installa- 
tion based on an evaluation of the site by 
Division staff. 

NOTE: ALTERNATIVE TO PROPOSED .0301 



.0301 PERFORMANCE STANDARDS FOR 
NEW LIST SYSTEMS 

(a) The "Performance standards for new UST 
systems" contained in 40 CLR 280.20 (Subpart 
B) have been adopted by reference in accordance 
with G.S. 1 SOB- 14(c) except that: 

(1) 40 CLR 280.20(a)(2)(iv) has been changed 
to read "Cathodic protection systems are 
operated and maintained in accordance 
with 15A NCAC 2N .0402, or as ap- 
proved by the Director;" 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



57 



PROPOSED RULES 



(2) 40 CFR 280.20(b)(2)(iv) has been changed 
to read "Cathodic protection systems are 
operated and maintained in accordance 
with I5A NCAC 2N .0402 or as approved 
by the Director;" 

(3) 40 CFR 280.20(a)(4) is not adopted by 
reference; and 

(4) 40 CFR 280.20(b)(3) is not adopted by 
reference. 

(b) No UST system shall be installed: 

( 1) within 500 feet of a well serving a public 
water system, as defined in 10 NCAC 10D 
.0702, or within 50 feet of any other well 
supplying water for human consumption; 
or 

(2) within 500 feet of anv surface water clas- 
sified as WS-I, WS-II, WS-III, SA or 
ORW, as defined in 15A NCAC 2B .0200, 
or any other source of public water sup- 
plies. 

(c) .All UST system must meet the release de- 
tection requirements of Rule .0503 of this Sub- 
chapter. 

Authority G.S. 143-2153 (a) (15); 143B-2S2 (2) 
(h); 1 SOB- 14 (c); 40 C.F.R. 280.20. 

.0302 UPGRADING OF EXISTING UST 
SYSTEMS 

(a) The provisions for "Upgrading of existing 
UST systems" contained in 40 CFR 280.21 
(Subpart B) have been adopted by reference in 
accordance with G.S. 150B- 14(c). 

(b) Owners must submit to the Division, on 
forms provided by the Division, and within 30 
days following completion, a description of the 
upgrading of any UST system conducted in ac- 
cordance with the requirements of 40 CFR 
280.21. 

Statutory Authority G.S. 143-215.3(a)( 15); 

1438-282(2) (h); 1 SOB- 14(c). 

.0303 NOTIFICATION REQUIREMENTS 

The "Notification requirements" contained in 

40 CFR 2S0.22 (Subpart B) have been modified 

as follows: 

(1) Any owner of an UST system must submit 

to the Division, on forms provided by the 

Division, a notice of intent to conduct any 

of the following activities: 

(a) Installation of a new UST system; 

(b) Installation of a leak detection device in- 
stalled outside of the outermost wall of 
the tank and piping, such as vapor de- 
tection or groundwater monitoring de- 
vices; and 



(c) Permanent closure or change-in-service of 
an UST system. 

(2) Notification as required in Paragraph (a) 
of this Rule shall be given at least 30 days 
before the activity is begun except as au- 
thorized by the Director. 

(3) Owners and operators of UST systems that 
were in the ground on or after May 8, 1986, 
were required to notify the Division in ac- 
cordance with the Hazardous and Solid 
Waste Amendments of 1984, Public Law 
98-616, on a form published by the Envi- 
ronmental Protection Agency on November 
8, 1985 (50-FR 46602) unless notice was 
given pursuant to Section 103(c) of 
CERCFA. Owners or operators who have 
not complied with the notification require- 
ments may complete the appropriate por- 
tions of the form, provided by the Division, 
and submit the form to the Division. 

(4) Beginning October 24, 1988, any person 
who sells a tank intended to be used as an 
underground storage tank must notify the 
purchaser of such tank of the owners's no- 
tification obligations under Paragraphs (a) 
and (b) of this Rule. 

(5) Any reference in 40 CFR 2S0 to the notifi- 
cation form in Appendix I shall refer to the 
North Carolina notification form approved 
by the Division and EPA. 

Authority G.S. 143-215.3 (a) (15); 143B-282 (2) 
(h); 150B-14 (c); 40 C.F.R. 280.22. 

SECTION .0400 - GENERAL OPERATING 
REQUIREMENTS 

.0401 SPILL AND OVERFILL CONTROL 

The provisions for "Spill and overfill control" 
contained m 40 CFR 280.30 (Subpart C) have 
been adopted by reference in accordance with 
G.S. 150B- 14(c). 

Statuton' Authority G.S. 143-2/ 5.3(a) ( 15); 
143B-2S2(2)(h); 150B- 14(c). 

.0402 OPERATION AND MAINTENANCE OF 
CORROSION PROTECTION 

The provisions for "Operation and maintenance 
of corrosion protection" contained in 40 CFR 
280.31 (Subpart C) have been adopted by refer- 
ence in accordance with G.S. 150B- 14(c). 

Statuton' Authority G.S. 143-215. 3(a)( 15 ); 
143B-282(2j(h); 150B- 14(c). 

.0403 COMPATIBILITY 

The provisions for "Compatibility" contained 
m 40 CFR 280.32 (Subpart C) have been 



58 



5:1 XORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



adopted by reference in accordance with G.S. 
150B- 14(c). 

Statutory Authority G.S. 143-21 5 3(a) ( 15); 
143B-282(2)(h); 150B-14(c). 

.0404 REPAIRS ALLOWED 

(a) The "Repairs allowed" provisions con- 
tained in 40 CFR 280.33 (Subpart C) have been 
adopted by reference in accordance with G.S. 
1 SOB- 14(c). 

(b) Owners must submit to the Division, on 
forms provided by the Division, and within 30 
days following completion, a description of the 
repairs made to any LIST system performed in 
accordance with 40 CFR 280.33. 

Statutory Authority G.S. 143-2 1 5.3(a) ( 15); 
I43B-282(2)(h); 150B-14(c). 

.0405 REPORTING AND RECORDKEEPING 

(a) The "Reporting and recordkeeping" proce- 
dures contained in 40 CFR 280.34 (Subpart C) 
have been adopted by reference in accordance 
with G.S. 150B- 14(c). 

(b) Owners and operators must also submit to 
the Division, on forms provided by the Division 
and within 30 days following completion, results 
of the site investigation conducted: 

( 1 ) at permanent closure; or 

(2) to insure compliance with the require- 
ments for installation of vapor monitoring 
and groundwater monitoring devices, as 
specified in 40 CFR 280.43(e)(1) through 
(e)(4) and 280.43(f)(1) through (f)(5), re- 
spectively. 

(c) Owners must submit to the Division, on 
forms provided by the Division, and within 30 
days following completion: 

(1) A description of the repairs made to any 
LIST system performed in accordance 
with 40"CFR 280.33; 

(2) A description of the upgrading of any UST 
system conducted in accordance with the 
requirements of 40 CFR 280.21; 

(3) Certification of the proper operation of a 
corrosion protection system, as demon- 
strated by testing, at a frequency and in a 
manner specified in 40 CFR 280.31; 

(4) Certification of compliance with the re- 
quirements for leak detection specified in 
40 CFR 280.40, 40 CFR 280.41, 40 CFR 
280.42, 40 CFR 280.43 and 40 CFR 
280.44. The certification must specify the 
leak detection method and date of com- 
pliance for each UST. 



Statutory Authority G.S. 143-21 5.3(a) ( 15); 
143B-282(2)(h); 150B- 14(c). 

SECTION .0500 - RELEASE DETECTION 

.0501 GENERAL REQUIREMENTS FOR 
ALL UST SYSTEMS 

The "General requirements for all UST 
systems" provisions contained in 40 CFR 280.40 
(Subpart D) have been adopted by reference in 
accordance with G.S. 150B- 14(c). 

Statutory Authority G.S. 143-2 15. 3 (a) ( 15); 
143B-282(2)(h); 1 SOB- 14(c). 

.0502 REQUIREMENTS FOR PETROLEUM 
UST SYSTEMS 

The "Requirements for petroleum UST 
systems" provisions contained in 40 CFR 280.41 
(Subpart D) have been adopted by reference in 
accordance with G.S. 150B-l4(c). 

NOTE: ALTERNATIVE TO PROPOSED .0502 

.0502 REQUIREMENTS FOR PETROLEUM 
UST SYSTEMS 

(a) "Requirements for petroleum UST 
systems" provisions contained in 40 CFR 280.41 
(Subpart D) have been adopted by reference in 
accordance with G.S. 150B-14(c). 

(b) All petroleum UST systems shall also 
comply with the "Requirements for hazardous 
substance UST systems" provisions contained in 
40 CFR 280.42 (Subpart D). 

Statutory Authority G.S. 143-215.3(a)( 15); 
1433-282(2) (h); 150B-14(c). 

.0503 REQUIREMENTS FOR HAZARDOUS 
SUBSTANCE UST SYSTEMS 

The "Requirements for hazardous substance 
UST systems" provisions contained in 40 CFR 
280.42 (Subpart D) have been adopted by refer- 
ence in accordance with G.S. 150B- 14(c). 

NOTE: ALTERNATIVE TO PROPOSED .0503 

.0503 REQUIREMENTS FOR HAZARDOUS 
SUBSTANCE UST SYSTEMS 

The "Requirements for hazardous substance 
L^ST systems" provisions contained in 40 CFR 
280.42 (Subpart D) have been adopted by refer- 
ence in accordance with G.S. 150B- 14(c), except 
that the requirements shall also apply to petro- 
leum UST systems as designated at Rule 
.0301(c). 

Statutory Authority G.S. 143-2/5.3(a)( 15); 
I43B-2S2(2) (h): 150B- 14(c). 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



59 



PROPOSED RULES 



.0504 METHODS OF RELEASE DETECTION 
FOR TANKS 

(a) The "Methods of release detection for 
tanks" contained in 40 CFR 280.43 (Subpart D) 
have been adopted by reference in accordance 
with G.S. 150B-14(c) except that: 

(1) 4d CFR 280.43 (d)(2) is amended to read: 
"Inventory control, or another test of 
equivalent performance approved by the 
Department, conducted in accordance 
with the requirements of 40 CFR 
2S0.43(a)"; 

(2) 40 CFR 280.43(f)(7) is amended to read: 
"Within and immediately below the L'ST 
system excavation zone, the site is as- 
sessed to ensure compliance with the re- 
quirements of 40 CFR 2S0.43(f)(l) 
through (f)(5), as modified by this Rule, 
and to establish the number and posi- 
tioning of monitoring wells or devices that 
will detect releases from any portion of the 
tank that routinely contains products"; 
and 



(3) 

(b) 
quids 

(1 



(2. 



(3) 



(4) 



(5 



"" 



4(i CFR 280.43(f)(3). (f)(4), and (f)(5) are 
not adopted by reference. 
Wells used for monitoring or testing for li- 
on the groundwater shall be: 

1 or new installations, located within and 
at the end of the excavation having the 
lowest elevation and along piping at in- 
tervals not exceeding 50 feet; or 

For existing installations, located in the 
excavation zone or as near to it as techni- 
cally feasible and installed in a borehole 
at least four inches larger than the diam- 
eter of the casing; 

A minimum of two inches in diameter. 
The number of wells installed must be 
sufficient to detect releases from the L'ST 
system; 

Equipped with a screen that extends from 
two feet below land surface to a depth of 
2d feet below land surface or the seasonal 
low water level, whichever is shallower. 
The screen shall be designed and installed 
to present the migration of natural soils 
or filter pack into the well while allowing 
the entry of regulated substances into the 
well under both high and low groundwa- 
ter level conditions; 

Surrounded with a clean sand or gravel 
to the the top of the screen, plugged and 
grouted the remaining distance to finished 
grade with cement grout; 

Constructed of a permanent casing and 
screen material that is inert to the stored 
substance and is corrosion resistant; 



(7) Developed upon completion of installa- 
tion until the water is clear and relatively 
sediment free; 

(8) Protected with a water tight cover and 
lockable cap; 

(9) Fabeled as a liquid monitor well; and 

( 10) Fquipped with a continuously operating 
liquid leak detection device; or 

(A) For tanks storing petroleum products, 
tested at least once every 14 days with a 
device hydrocarbon-sensitive paste capa- 
ble of detecting the liquid stored; or 

(B) For tanks storing hazardous substances, 
sampled and tested at least once even' 14 
days for the presence of the stored sub- 
stance. 

(c) Wells used for monitoring or testing for li- 
quids on the groundwater at new installations, 
and constructed in accordance with Paragraph 
(b) of this Rule, shall be deemed to be permitted 
in accordance with the requirements of 15A 
NCAC 2B .0105. 

(d) Any person completing or abandoning any 
well, used for testing of vapors or monitoring for 
liquids on the groundwater, shall submit the re- 
cord required by Rule .01 14(b) of the Well Con- 
struction Standards (15A NCAC 2C .0100). 

(e) The site assessments required bv 40 CFR 
280.43(e)(6) and 40 CFR 280.43(f)(7) shall be 
conducted by or under the supervision of a li- 
censed geologist or professional engineer. 

(f) Wells used for monitoring for the presence 
of vapors in the soil gas of the excavation zone 
shall be equipped with a continuously operating 
vapor detection device or tested at least once ev- 
ery 14 days for the presence of the substance 
stored. 

Authority G.S. 143-215.3 (a) (15); I43B-282 (2) 
flu: I50B-14 (c); 40 C.F.R. 280.43. 

.0505 METHODS OK RELEASE DETECTION 
FOR PIPING 

The "Methods of release detection for piping" 
provisions contained in 40 CFR 280.44 (Subpart 
D) have been adopted by reference in accordance 
with G.S. 150B- 14(c). 

Statutory Authority G.S. !43-2l5.3(a)( 15); 
143B-282(2)(h ); 150B-14(c). 

.0506 RELEASE DETECTION 
RECORDKEEPING 

The provisions for "Release detection record- 
keeping" contained in 40 CFR 280.45 (Subpart 
D) have been adopted by reference in accordance 
with G.S. 150B-14(c). 



60 



5:1 XORTH CAROLEXA REGISTER April 



1990 



PROPOSED RULES 



Statutory Authority G.S. 143-21 53(a) ( 15); 
143B-282(2)(h); I50B-I4(c). 

SECTION .0600 - RELEASE REPORTING, 
INVESTIGATION, AND CONFIRMATION 

.0601 REPORTING OF SUSPECTED 
RELEASES 

The provisions for "Reporting of suspected re- 
leases" contained in 40 CFR 280.50 (Subpart E) 
have been adopted by reference in accordance 
with G.S. 150B- 14(c), except that the words, "or 
another reasonable time period specified by the 
implementing agency," are deleted from the first 
sentence. 

Statutory Authority G.S. 143-21 5.3(a) ( 15); 
1433-282(2) (h); 150B- 14(c). 

.0602 INVESTIGATION DUE TO OFF-SITE 
IMPACTS 

The "Investigation due to off-site impacts" 
provisions contained in 40 CFR 280.51 (Subpart 
E) have been adopted by reference in accordance 
with G.S. 150B- 14(c). 

Authority G.S. 143-215.3 (a) (15); 143B-282 (2) 
(h); 150B-14 (c); 40 C.F.R. 280.51 

.0603 RELEASE INVESTIGATION AND 
CONFIRMATION STEPS 

The "Release investigation and confirmation 
steps" provisions contained in 40 CFR 280.52 
(Subpart E) have been adopted by reference in 
accordance with G.S. 150B- 14(c), except that the 
first sentence has been rewritten to read: "Unless 
corrective action is initiated in accordance with 
Subpart F, owners must immediately investigate 
and confirm all suspected releases of regulated 
substances requiring reporting under Section 
280.50 within seven days, unless prior approval 
for an extension of time has been granted by the 
Director before the seven days have expired, us- 
ing either the following steps or another proce- 
dure approved by the Division." 

Authority G.S. 143-215.3 (a) (15); 143B-282 (2) 
(h); 150B-14 (c); 40 C.F.R. 280.52. 

.0604 REPORTING AND CLEANUP OF SPILLS 
AND OVERFILLS 

The "Reporting and cleanup of spills and over- 
fills" provisions contained in 40 CFR 280.53 
(Subpart E) have been adopted by reference in 
accordance with G.S. 150B- 14(c), except that: 
(1) In 40 CFR 280.53(a) and (b), the words, 
"or another reasonable time period specified 
by the implementing agency," arc not 
adopted by reference; 



(2) In 40 CFR 280.53(a)( 1) and (b), the words, 
"or another reasonable amount specified by 
the implementing agency" are not adopted 
by reference; and 

(3) In 40 CFR 280.53(b), the words, "or an- 
other reasonable amount specified by the 
implementing agency" and the words "or 
another reasonable time period specified by 
the implementing agency," are not adopted 
by reference. 

Authority G.S. 143-215.3 (a) (15); 143B-282 (2) 
(h); 150B-14 (c); 40 C.F.R. 280.53. 

SECTION .0700 - RELEASE RESPONSE AND 

CORRECTIVE ACTION FOR UST SYSTEMS 

CONTAINING PETROUEUM OR 

HAZARDOUS SUBSTANCES 

.0701 GENERAL 

(a) The "General" provisions contained in 40 
CFR 280.60 (Subpart F) have been adopted by 
reference in accordance with G.S. 1 SOB- 14(c). 

(b) Any corrective action undertaken in ac- 
cordance with this Section must meet the re- 
quirements and standards specified in 15A 
NCAC 2L .0106. 

Statutory Authority G.S. 143-21 5.3(a) ( 15 ); 
143B-282(2)(h); 150B- 14(c). 

.0702 INITIAL RESPONSE 

The provisions for "Initial response" contained 
in 40 CFR 280.61 (Subpart F) have been 
adopted by reference in accordance with G.S. 
1 SOB- 14(c), except that the words, "or another 
reasonable time period specified by the imple- 
menting agency," in the first sentence are not 
adopted by reference. 

Statutory Authority G.S. 143-21 ' 5.3(a) ( 1 '5); 
143B-282(2)(h); 150B- 14(c). 

.0703 INITIAL ABATEMENT MEASURES 
AND SITE CHECK 

The provisions for "Initial abatement measures 
and site check" contained in 40 CFR 280.62 
(Subpart F) have been adopted by reference in 
accordance with G.S. 1 SOB- 14(c), except that: 

(1) 40 CFR 280.61(a)(6) is rewritten to read, 
"Investigate to determine the possible pres- 
ence of free product, and begin free product 
removal within ten days, unless prior ap- 
proval for an extension of time has been 
granted by the Director before the ten days 
have expired, and in accordance with 40 
CFR 280.64;" and 

(2) In 40 CFR 280.62(b) the words, "or within 
another reasonable period of time dcter- 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



61 



PROPOSED RULES 



mined by the implementing agency," axe not 
adopted by reference. 

Statutory Authority G.S. 143-215.3(a)(15); 
143B-282(2)(h); 150B- 14(c). 



INITIAL SITE CHARACTERIZATION 

provisions for "Initial site 



.0704 
The 

characterization" contained in 40 CFR 280.63 
(Subpart F) have been adopted by reference in 
accordance with G.S. 150B- 14(c), except that in 
40 CFR 280.63(b) the words, "or another rea- 
sonable period of time determined by the imple- 
menting agency," are replaced by the words, 
"unless prior approval has been granted by the 
Director before the 45 days have expired." 

Statutory Authority G.S. 143-21 5.3(a)( 1 5); 
1433-282(2) (h); 150B- 14(c). 

.0705 FREE PRODUCT REMOVAL 

The provisions for "Free product removal" 
contained in 40 CFR 280.64 (Subpart F) have 
been adopted by reference in accordance with 
G.S. 150B-14(c). 

Statutory Authority G.S. 143-215.3(a)( 15); 

143B-282(2)(h); 150B-14(c). 

.0706 INVESTIGATIONS FOR SOIL AND 
GROUND WATER CLEANUP 

The provisions for "Investigations for soil and 
ground-water cleanup" contained in 40 CFR 
280.65 (Subpart F) have been adopted by refer- 
ence in accordance with G.S. 1 SOB- 14(c), except 
that 40 CFR 280.65(b) has been rewritten to 
read, "Owners and operators must conduct the 
investigation and submit the information col- 
lected under Paragraph (a) of this Section in ac- 
cordance with a special order, consent special 
order or similar document." 

Authority G.S. 143-215.3 (a) (15); 143B-2S2 (2) 
(h); 150B-/4 (c); 40 C.F.R. 280.65. 

.0707 CORRECTIVE ACTION PLAN 

The provisions for a "Corrective action plan" 
contained in 40 CFR 280.66 (Subpart F) have 
been adopted by reference in accordance with 
G.S. 1 SOB- 14(c), except that: 
(1) 40 CFR 280.66(a) has been rewritten to 
read: "At any point after reviewing the in- 
formation submitted in compliance with 40 
CFR 280.61 through 40 CFR 280.63, the 
Division may require owners and operators 
to submit additional information or to de- 
velop and submit a corrective action plan for 
responding to contaminated soils and 



groundwater. If a plan is required, owners 
and operators must submit the plan accord- 
ing to a schedule and format established by 
the Division. Owners and operators are re- 
sponsible for submitting a plan that provides 
for adequate protection of human health and 
the environment as determined by the Divi- 
sion, and must modify their plan as neces- 
sary to meet this standard"; and 
(2) In 40 CFR 280.66(c) the words "schedule 
and in a format established by the imple- 
menting agency," are replaced by the words 
"special order, consent special order, or si- 
milar document." 

Authority G.S. 143-215.3 (a) (15); 143B-282 (2) 
(h); 150B-/4 (c); 40 C.F.R. 280.66. 

.0708 PUBLIC PARTICIPATION 

(a) The provisions for "Public participation" 
contained in 40 CFR 280.67 (Subpart F) have 
been adopted by reference in accordance with 
G.S. 150B-14(c). 

(b) For each confirmed release that requires a 
corrective action plan, the Division will provide 
for public participation and notice to those 
members of the public directly affected by the 
release and the planned corrective action in ac- 
cordance with provisions of G.S. 143-215. 4(b). 

Authority G.S. 143-2/5.3 (a) (15); 143B-282 (2) 
(h); 150B-14 (c); 40 C.F.R. 280.67. 

SECTION .0800 - OUT-OF-SERVICE 
LSI SYSTEMS AND CLOSURE 

.0801 TEMPORARY CLOSURE 

The provisions for "Temporarv closure" con- 
tained m 40 CFR 280.70 (Subpart G) have been 
adopted by reference in accordance with G.S. 
150B-14(c). 

Statutory Authority G.S. 143-21 5.3(a) ( 15 ); 
!43B-282(2)(h); 150B- 14(c). 

.0802 PERMANENT CLOSURE AND 
CHANGES-IN-SERVICE 

The provisions for "Permanent closure and 
changes-in-service" contained in 40 CFR 280.71 
(Subpart G) have been adopted by reference in 
accordance with G.S. 1 SOB- 14(c) except that an 
I ST system containing de minimis concen- 
trations of a regulated substance must meet the 
closure requirements of this Rule within 12 
months of the effective date of these Rules. 

Statutory Authority G.S. 143-21 '5.3(a) (15); 

l43B-2S2(2)(hi; 150R- 14(c). 



62 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



.0803 ASSESSING THE SITE AT CLOSURE 
OR CHANGE-IN-SERVICE 

The provisions for "Assessing the site at closure 
or change-in-service" contained in 40 CFR 
280.72 (Subpart G) have been adopted by refer- 
ence in accordance with G.S. 1 SOB- 14(c), except 
that: 

(1) references to methods and requirements 
have been expanded to include all applicable 
references and methods listed in 15A NCAC 
2M .0504; 

(2) site assessments shall be conducted by or 
under the supervision of a licensed geologist 
or professional engineer; 

(3) the number and location of samples, and 
method of their collections shall be deter- 
mined in accordance with procedures estab- 
lished by the Department; and 

(4) the requirements of this Rule do not apply 
to USTs which were temporarily closed 
prior to December 22, 1988. 

Statutory Authority G.S. l43-215.3(a)( 15): 
143B-282(2)(h); 150B-14(c). 

.0804 APPLICABILITY TO PREVIOUSLY 
CLOSED UST SYSTEMS 

The "Applicability to previously closed UST 
systems" provisions contained in 40 CFR 280.73 
(Subpart G) have been adopted by reference in 
accordance with G.S. 150B- 14(c). 

Statutory Authority G.S. 143-21 5.3(a)( 1 5); 
143B-282(2)(h); 150B- 14(c). 

.0805 CLOSURE RECORDS 

The "Closure records" provisions contained in 
40 CFR 280.74 (Subpart G) have been adopted 
by reference in accordance with G.S. 150B- 14(c). 

Statutory Authority G.S. !43-215.3(a)( 15); 
143B-2S2(2) (h); 150B- 14(c). 

****************** 



NCAC 3 A .0001 - .0002, .0004 - .0005; 3B .0101 

- .0103, .0105, .0107 - .0/09, .0111, .0/13 - .0117, 
.0201 - .0203, .0205 - .0207, .0301 - .0302, .0304 

- .0310, .0401 - .0404, .0408 - .0410, .0413, .0501 

- .0505, .0602, .0701 - .0702, .0801 - .0802, .0901 

- .0907, .1001 - .1005, .1101 - .1103, .1105 - .1/09, 
.1111, .1201 - .1205, .1401 - .1408, .1501 - .1507, 
.1601 - .1605; 3C .0/02 - .0104, .0/10, .0114, 
.0201, .0203, .0206, .0209 - .0210, .0212, .0302 - 
.0305, .0308 - .0312, .0314; 3E .0101; 3F .0101 - 
.0107, .0201 - .0202; 3G .0001 - .0011. 

1 he proposed effective date of this action is 
January 1, 1991, with the exception of Rule 3K 
.0202 proposed for September 1, 1991. 

1 he public hearing will be conducted at 7:30 
p.m. on: 

May 7, 1990 

Beaufort County Superior Courtroom 

Washington 

May 8, 1990 

Elizabeth City State University 
Elizabeth City 

May 9, 1990 

NC Aquarium 

Manteo 

May 10, 1990 

Chic Center 

llatteras 

May 14. 1990 

Archdale Building 

Ground Floor Hearing Room 

Raleigh 

May 15. 1990 

Government Complex 

Bolivia 



l\otice is hereby given in accordance with G.S. 
1 SOB- 12 that the N.C. Marine Fisheries Commis- 
sion intends to adopt nde(s) cited as 15A NCAC 

3H .0001 - .0004; 31 .0001 - .00/2; 3J .0/01 - 
.0109, .020/ - .0207, .030/ - .0304; 3K .0101 - 
.0/07, .0201 - .0205, .0301 - .0305. .040/ - .0403. 
.0501 - .0506; 3L .0/0/ - .0/04, .0201 - .0205, 
.0301 - .0302; 3M .0101 - .0/02, .020/ - .0206, 
.0301 - .0302, .0401 - .0404, .0501 - .0507; 3N 
.0001 - .0005; 30 .0101 - .0/09, .0201 - .02/0; 3P 
.0001 - .0002; 3Q .0101 - .0107, ,0201 - .0202; 3R 
.0001 - .0011; and repeal ruk(s) cited as I5A 



May 16, 1990 

New Hanover County Courthouse 

Room 302 

Wilmington 

May 17, 1900 

Duke University Marine Lab 

Beaufort 

Comment Procedures: Comments and state- 
ments, both written and oral, may be presented at 
the hearings. Each hearing will be preceded by a 
public meeting to begin at 7:00 p.m. Written 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



63 



PROPOSED RULES 



comments are encouraged and may be submitted 
to the Marine Fisheries Commission, PO Box 769, 
Morehead City, NC 28557. These written and 
oral comments must be received no later than June 
4, 1990. 

CHAPTER 3 - MARINE FISHERIES 

SUBCHAPTER 3A - DIVISION RULES 

.0001 IDENTIFICATION INFORMATION 

(REPEALED) 
.0002 BASIC PURPOSE AND FUNCTION OF 

THE DIVISION (REPEALED) 

Statutory Authority G.S. 113-134; 150B-1I. 

.0004 DEFINITIONS (REPEALED) 
.0005 DELEGATION OF AUTHORITY TO 
FISHERIES DIRECTOR (REPEALED) 

Statutory Authority G.S. 113-134; 143B-10; 
1 SOB- 10. 

SUBCHAPTER 3B - FISHERIES REGULATIONS 
FOR COASTAL WATERS 

SECTION .0100 - GENERAL REGULATIONS 

.0101 SCOPE AND FUNCTION (REPEALED) 
.0102 DEFINITIONS (REPEALED) 
.0103 TEMPORARY SUSPENSION OF 
REGULATIONS (REPEALED) 

Statutory Authority G.S. 113-121; 113-134; 
143B-289.4. 

.0105 LEGAL SIZES AND CREEL LIMITS 
(REPEALED) 

Statutory Authority G.S. 113-134; 113-182; 
113-221'; I43B-2S9.4. 

.0107 CONFISCATION AND DISPOSITION 

(REPEALED) 
.0108 INTRODUCTION OF EXOTICS 

(REPEALED) 
.0109 OCEAN FISHING PIERS (REPEALED) 

Statutory Authority G.S. 113-134; 1/3-/37; 
113-182; 1/3-185; 113-221; I43B-289.4. 

.0111 ARTIFICIAL REEFS AND RESEARCH 
SANCTUARIES (REPEALED) 

Statutory Authority G.S. 1/3-/34; 113-181; 
113-/82; I43B-289A. 

.0113 PROTECTION OF SEA TURTLES 

(REPEALED) 
.01 14 SEA IT RTLE SANCTUARY 

(REPEALED) 



.0115 ENDANGERED OR THREATENED 

SPECIES (REPEALED) 
.0116 SHIPPING AND TRANSPORTING 

SEAFOOD (REPEALED) 
.0117 MILITARY RESTRICTED AREAS 

(REPEALED) 

Statutory Authority G.S. 113-132; 1/3-134; 
1/3-/38; 113-181; 113-182; 113-224; I43B-289.4. 

SECTION .0200 - LICENSES 

.0201 LICENSE AGENTS (REPEALED) 
.0202 DEALER'S AND OCEAN PIER 

LICENSE DISPLAY (REPEALED) 
.0203 VESSEL LICENSE (REPEALED) 

Statutory Authority G.S. 113-134; 113-151. 1; 
113-152; 1 43 B- 289.4. 

.0205 BAIT DEALERS (REPEALED) 
.0206 SURRENDER OF LICENSES 

(REPEALED) 
.0207 SALE OF FISH (REPEALED) 

Statutory Authority G.S. 113-134; 113-151; 
1/3-156; 1 13-166; 1 43 B- 289.4. 

SECTION .0300 - NET REGULATIONS: 
GENERAL 

.0301 FIXED OR STATIONARY NETS 

(REPEALED) 
.0302 NETS OR NET STAKES (REPEALED) 

Statutory Authority G.S. 113-134; 1/3-/82; 
143B-289.4. 

.0304 GILL NETS (REPEALED) 

.0305 TRAWL NETS (REPEALED) 

.0306 PURSE SEINES AND PURSE GILL 

NETS (REPEALED) 
.0307 CHANNEL NETS (REPEALED) 
.0308 POIND NETS (REPEALED) 
.0309 NETS PULLED BY MORE THAN ONE 

BOAT (REPEALED) 
.0310 SEINES PULLED BY ONE OR MORE 

BOATS (REPEALED) 

Statutory Authority G.S. 113-134; 113-182; 
113-221; I43B-286; 143B-289.4. 

SECTION .0400 - NET REGLLATIONS: 
SPECIFIC 

.0401 ALBEMARLE SOUND AND 

TRIBUTARIES (REPEALED) 
.0402 ATLANTIC OCEAN (REPEALED) 
.0403 CHOWAN RIVER AND ITS 

TRIBl I ARIES (REPEALED) 
.0404 CI RRITI C K SOI ND AND ITS 

TRIBl I ARIES (REPEALED) 



<>1 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



Statutory Authority G.S. 113-134; 113-182; 
I43B-289.4. 

.0408 PAMLICO SOUND (REPEALED) 
.0409 ROANOKE, CASHIE, MIDDLE, AND 

EASTMOST RIVERS (REPEALED) 
.0410 SOUTHPORT BOAT HARBOR 

(REPEALED) 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0413 CAROLINA POWER AND LIGHT 
INTAKE CANAL (REPEALED) 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

SECTION .0500 - DREDGES, POTS, RAKES AND 
OTHER FISHING DEVICES 

.0501 DREDGES AND MECHANICAL 

METHODS (REPEALED) 
.0502 MISCELLANEOUS FISHING DEVICES 

(REPEALED) 
.0503 LEAVING DEVICES UNATTENDED 

(REPEALED) 
.0504 EEL: CRAB: FISH: SHRIMP POTS 

(REPEALED) 
.0505 RAKES (REPEALED) 

Statutory Authority G.S. 113-134; 113-/37; 
113-182; 113-221; 143B-289.4. 

SECTION .0600 - USE OF FINFISH FOR 
OTHER THAN HUMAN CONSUMPTION 

.0602 UNMARKETABLE FOOD OR SCRAP 
FISH (REPEALED) 

Statutory Authority G.S. 1/3-/34; 113-185; 
143B-2S9.4. 

SECTION .0700 - SHRIMP AND SHRIMPING 
(REPEALED) 

.0701 USE OF NETS IN TAKING SHRIMP 
.0702 SHRIMPING SEASON 

Statutory Authority G.S. 113-134; 113-182; 
113-221; 1 43 B- 289.4. 



.0901 SIZE AND HARVEST LIMIT, 

PERMIT, METHOD OF TAKING CLAMS 

.0902 PROHIBITED CLAMMING AREAS 

.0903 RANGIA CLAMS 

.0904 POSSESSION OF UNAPPROVED CLAMS 

.0905 TAKING OR UNLOADING CLAMS ON 
SUNDAY OR AT NIGHT 

.0906 PERMITS FOR TAKING CLAMS FOR 
PLANTING 

.0907 CLAM HATCHERIES 

Statutory Authority G.S. 113-134; 113-182; 
113-201; 113-202; 113-203; 113-221; 143B-289.4. 

SECTION .1000 - SCALLOPS (REPEALED) 

.1001 SOAKED OR SWELLED SCALLOPS 

PROHIBITED 
.1002 BAY SCALLOP SEASON AND 

HARVEST LIMITS 
.1003 PROHIBITED DREDGES 
.1004 CALICO SCALLOP SEASON 
.1005 SEA SCALLOPS 

Statutory Authority G.S. 113-134; 113-182; 
113-221; I43B-289.4. 

SECTION .1 100 - OYSTERS 

.1101 OYSTER SEASON (REPEALED) 
.1102 SHELLFISH MANAGEMENT AREAS 

(REPEALED) 
.1 103 SIZE LIMIT AND CULLING 

TOLERANCE (REPEALED) 

Statutory Authority G.S. 113-134; 113-182; 
113-201; 1 13-221; 143B-289.4. 

.1105 POSSESSION OF UNAPPROVED 

OYSTERS (REPEALED) 
.1106 MARKETING OYSTERS TAKEN FROM 

PRIVATE BEDS (REPEALED) 
.1 107 PERMITS FOR TAKING OYSTERS 

FOR PLANTING (REPEALED) 
.1108 TRAWLING ACROSS OYSTER 

MANAGEMENT BEDS (REPEALED) 
.1109 TAKING OR UNLOADING OYSTERS 

ON SUNDAY OR AT NIGHT (REPEALED) 

Statutory Authority G.S. 1/3-/34; II 3-/82; 
113-201; 113-202; 1/3-203; I43B-286; 
I43B-289.4. 



SECTION .0800 - CRABS (REPEALED) 

.0801 TAKING OF CRABS 

.0802 CRAB SPAWNING SANCTUARIES 

Statutory Authority G.S. 113-134; 113-/82; 
113-221; I43B-2894. 

SECTION .0900 - CLAMS (REPEALED) 



.1111 TAKING OYSTERS, CLAMS, AND 

MUSSELS FROVI POLLUTED WATERS 
(REPEALED) 

Statutory Authority G.S. 1/3-/34; 113-182; 
113-221; 143B-289.4. 

SECTION .1200 - LOBSTER (REPEALED) 

.1201 MINIMUM SIZE LIMIT 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



65 



PROPOSED RULES 



.1202 EGG BEARING AND SCRUBBED 

LOBSTERS 
.1203 SHUCKED LOBSTER MEAT 
.1204 DETACHED LOBSTER PARTS 
.1205 LOBSTER TRAPS 

Statutory Authority G.S. 113-134; 113-182; 
113-221; 143D- 289.4. 



SECTION .1400 - NURSERY AREAS 
(REPEALED) 

SCOPE AND PURPOSE 
NURSERY AREAS DEFINED 
MAPS AND MARKING 
VIOLATION TO USE SPECIFIC 
NETS AND DREDGES 
DESCRIPTIVE BOUNDARIES: 
PRIMARY NURSERY AREAS 
VIOLATION TO USE SPECIFIC 
EQUIPMENT 

DESCRIPTIVE BOUNDARIES- 
PERMANENT SECONDARY NURSERY 
AREAS 

DESCRIPTIVE BOUNDARIES-SPECIAU 
SECONDARY NURSERY AREAS 



.14111 
.1402 
.1403 
.1404 

.1405 

.1406 

.1407 



.1408 



Statutory Authority G.S. 113-134; 113-182; 
113-221; 113-229; 143B-2S9.4. 

SECTION .1500 - STRIPED BASS AND MULLET 
(REPEALED) 

.1501 STRIPED BASS: GENERAL 

.1502 STRIPED BASS: SEASON, INTERNAL 

COASTAL WATERS 
.1503 STRIPED BASS: SIZE AND CREEL 

LIMIT, INTERNAL COASTAL WATERS 
.1504 STRIPED BASS: SEASON AND SIZE 

LIMIT: ATLANTIC OCEAN 
.1505 STRIPED BASS: TRAWL NETS 
.1506 HYBRID STRIPED BASS CULTURE 
.1507 MULLET 

Statutory Authority G.S. 113-132; 113-134; 
113-182; 113-221; 143B-2S9.4. 

SECTION .1600 - DEPURATION OF 
SHELLFISH (REPEALED) 



HARVEST SEASON 

HARVEST AREAS, TIMES AND 

METHODS 
.1603 HARVEST PERMITS 
.1604 TRANSPORT 
.1605 MECHANICAL DEPURATION 

FACILITIES 



.1601 
.1602 



Statutory Authority G.S. 113-134; 113-182; 
113-201; 113-221; 143B-289.4. 



SECTION .0100 - LICENSES 

.0102 APPLICATION FOR A COMMERCIAL 

FISHING LICENSE (REPEALED) 
.0103 PROCEDURE TO PURCHASE A 

COMMERCIAL FISHING LICENSE 

(REPEALED) 
.0104 VESSEL LENGTH DESCRIPTION 

(REPEALED) 

Statutory Authority G.S. 113-151; 113-152; 
143B-289.4. 

.0110 APPLICATION FOR AN OYSTER: 

SCALLOP: CLAM LICENSE (REPEALED) 

Statutory Authority G.S. 1/3-151; 113-154; 
143B-289.4. 

.01 14 DEALER LICENSES: DEFINITIONS 
(REPEALED) 

Statutory Authority G.S. 113-151; 113-156; 
143B-289.4. 

SECTION .0200 - PERMITS 
.0201 IN GENERAL (REPEALED) 

Statutory Authority G.S. 113-134; 1 43 B- 289. 4. 

.0203 PERMIT FOR MECHANICAL HARVEST 
OF CLAMS (REPEALED) 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0206 PERMITS, SEED MANAGEMENT AREAS 
(REPEALED) 

Statutory Authority G.S. 113-201; 113-203; 
143B-289.4. 

.0209 SCIENTIFIC COLLECTING PERMIT 

(REPEALED) 
.0210 TERMINATION AND EXPIRATION OF 

LICENSES AND PERMITS (REPEALED) 

Statutory Authority G.S. 113-134; 113-151; 
1/3-166; 113-182; 113-261; 143B-289.4; 
150B-23. 

.0212 PERMITS FOR AQUACULTURE 
OPERA! IONS (REPEALED) 

Statutory Authority G.S. 113-134; 113-182; 
143B-2S9.4. 



SUBCHAPTER 3C - LICENSES: PERMITS: AND 
LEASES 



SECTION .0300 -SHELLFISH LEASES AND 
FRANCHISES 



66 



5:1 SORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



.0302 SUITABLE AREAS FOR LEASING 

(REPEALED) 
.0303 SHELLFISH LEASE APPLICATIONS 

(REPEALED) 
.0304 SHELLFISH LEASE APPLICATION 

PROCESSING (REPEALED) 
.0305 MARKING SHELLFISH LEASES AND 

FRANCHISES (REPEALED) 

Statutory Authority G.S. 76-40; 113-134; 113- 
182; 1/3-201; 113-202; 1/3-205; 143B-2S9.4. 

.0308 SHELLFISH LEASE RENEWAL 

(REPEALED) 
.0309 SHELLFISH LEASE PROTEST 

(REPEALED) 
.0310 PRODUCTION REPORTS (REPEALED) 
.0311 CANCELLATION (REPEALED) 
.0312 TRANSFER OF INTEREST 

(REPEALED) 

Statutory Authority G.S. 113-134; 1/3-201; 
113-202; 143B-289.4. 

.0314 SHELLFISH FRANCHISES 
(REPEALED) 

Statutory Authority G.S. 113-134; 113-201; 
1/3-202; 11 3-205; I43B-289.4. 

SUBCHAPTER 3E - MARINE FISHERIES 
COMMISSION 

SECTION .0100 - HEARING PROCEDURES 

.0101 CONTESTED CASE HEARING 
PROCEDURES (REPEALED) 

Statutory Authority G.S. 113-134; 143B-289.4; 
150B- 14(c); 150B-23. 

SUBCHAPTER 3F - JURISDICTION OF 
AGENCIES: CLASSIFICATION OF WATERS 

SECTION .0100 - GENERAL REGULATIONS: 
JOINT (REPEALED) 

.0101 SCOPE AND PURPOSE 

.0102 INLAND FISHING WATERS 

.0103 COASTAL FISHING WATERS 

.0104 JOINT FISHING WATERS 

.0105 POSTING DIVIDING LINES 

.0106 APPLICABILITY OF REGULATIONS: 

JOINT WATERS 
.0107 SPECIAL REGULATION'S: JOINT 

WAFERS 

Statutory Authority G.S. 113-132; 113-134; 
143B-286; 143B-289.4. 



SECTION .0200 - BOUNDARY LINES: 

COASTAL-JOINT-INLAND FISHING WATERS 

(REPEALED) 

.0201 SPECIFIC CLASSIFICATION OF 

WATERS 
.0202 DESCRIPTIVE BOUNDARIES 

Statutory Authority G.S. 113-132; 113-134; 
143B-289.4. 

SUBCHAPTER 3G - DESCRIPTIVE 
BOUNDARIES (REPEAUED) 

.0001 SEA TURTUE SANCTUARY 

.0002 MIUITARY RESTRICTED AREAS 

.0003 TRAWL NETS PROHIBITED 

.0004 PURSE SEINES PROHIBITED 

.0005 MECHANICAL METHODS PROHIBITED 

.0006 DESIGNATED POT AREAS 

.0007 TAKING CRABS WITH DREDGES 

.0008 CRAB SPAWNING SANCTUARIES 

.0009 PRIMARY NURSERY AREAS 

.0010 PERMANENT SECONDARY NURSERY 

AREAS 

.001 1 SPECIAU SECONDARY NURSERY AREAS 

Statutory Authority G.S. 113-134; 113-181; 
113-182; 113-221; 143B-289.4. 

SUBCHAPTER 3H - IDENTIFICATION AND 
DELEGATION OF AUTHORITY 

.0001 IDENTIFICATION INFORMATION 

(a) The Marine Fisheries Division of the De- 
partment of Environment, Health, and Natural 
Resources maintains its office headquarters at the 
Marine Fisheries Building, 3411 Arendell St., 
Post Office Box 769, Morehead City, North Ca- 
rolina 28557. Telephone (919) 726-7021, or 1- 
800-682-2632, toll free in North Carolina. 

(b) The coastal area is divided into four 
management/enforcement districts, each with a 
District Manager and a District Operations Of- 
fice. The District Offices are: 

(1) Northern District, Rt. 6, Box 203, Eliza- 
beth City, NC 27909. Telephone (919) 
264-3911, or 1-800-338-7805, toll free in 
North Carolina. 

(2) Pamlico District, Post Office Box 1507, 
Washington, NC 27889. Telephone (919) 
946-6481, or 1-800-338-7804, toll free in 
North Carolina. 

(3) Central District, Post Office Box 769, 
Morehead City, NC 28557. Telephone 
(919) 726-7021, or 1-800-682-2632, toll 
free in North Carolina. 

(4) Southern District, 7225 Wrightsville Ave- 
nue, Wilmington, NC 28403. Telephone 
(919) 256-4541, or 1-800-248-4536, toll 
free in North Carolina. 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



6~ 



PROPOSED RULES 



Statutory Authority G.S. 113-134; 150B-U. 

.0002 SCOPE AND PURPOSE 

(a) The Division of Marine Fisheries is charged 
with the stewardship of the marine and estuarine 
resources of the State of North Carolina and is 
responsible for the management of all marine and 
estuarine resources. This responsibility includes 
the administration and enforcement of all statutes 
and rules governing commercial and recreational 
fishing in coastal waters, the development and 
improvement of the cultivation and harvesting 
of shellfish, and submerged land claims in North 
Carolina. 

(b) In its constant effort to meet its obligations, 
the Division of Marine Fisheries administers 
programs in commercial and recreational fisheries 
management and enforcement, applied research 
and monitoring, fisheries statistics, shellfish reha- 
bilitation, bottom leasing, submerged land 
claims, and information and education. 

(c) The rules herein are applicable in all coastal 
waters of North Carolina, including joint fishing 
waters, and in the Atlantic Ocean. 

(d) The rules are designed to carry out, in part, 
the duty of the Division of Marine Fisheries to 
maintain, preserve, protect, and develop all the 
marine and estuarine resources of the State. 

Statutory Authority G.S. 113-134; 1 43 B- 289.4; 
150B-11. 

.0003 DELEGATION OF AUTHORITY TO 
FISHERIES DIRECTOR 

(a) The following specific functions have been 
delegated by the Secretary to the Fisheries Di- 
rector: 

(1) The authority to return confiscated prop- 
erty when satisfied that the owner of such 
property had no knowledge of the use of 
the propertv for illegal purposes pursuant 
to G.S. 113-137; 

(2) The authority to select license agents pur- 
suant to G.S'. 113-151.1; 

(3) The authority to suspend or revoke all li- 
censes pursuant to G.S. 113-166; 

(4) The authority to renew or terminate 
shellfish leases pursuant to G.S. 113-202; 

(5) The authority to settle claims of ownership 
of estuarine bottoms pursuant to G.S. 
113-206; and 

(6) The authority to issue Scientific Collecting 
Permits pursuant to G.S. 113-261. 

(b) The proclamation authority granted to the 
Fisheries Director by the Marine Fisheries Com- 
mission within this Chapter includes the author- 



ity to close as well as open seasons and areas and 
establish conditions governing various activities. 

Statutory Authority G.S. 113-134; 113-/37; 
113-151.1; 113-166; 113-182; 113-202; 113-206; 
1/3-261; 143B-289.4. 

.0004 DELEGATION OF ENFORCEMENT 

AUTHORITY TO FEDERAL OFFICERS 

(a) In accordance with the authority granted in 
G.S. 113-138, the Fisheries Director may confer, 
or cause to be conferred, enforcement jurisdiction 
upon duly appointed Special Conservation Offi- 
cers of the National Marine Fisheries Service that 
have been certified as law enforcement officers 
under standards of the North Carolina Criminal 
Justice and Training Standards Act. Such juris- 
diction conferred may be rescinded at any time 
by the Fisheries Director. 

(b) The enforcement powers conferred by the 
authority of this Rule are limited to: 

(1) Matters within the jurisdiction of the 
North Carolina Marine Fisheries Com- 
mission with respect to marine and estua- 
rine resources, and are invalid until 
completion of the oath required of public 
officers before an officer authorized to 
administer oaths; and 

(2) The time period of Federal employment 
as Special Conservation Officers while as- 
signed to duty stations in North Carolina. 



Statutory Authority G.S. 
113-182; 143B- 289.4. 



113-134; 1/3-138; 



SUBCHAPTER 31 - GENERAL RULES 

.0001 DEFINITIONS 

(a) Except as otherwise provided, all definitions 
set out in Subchapter IV of Chapter 113 of the 
General Statutes apply in these Rules. 

(b) The following additional terms are hereby 
defined: 

(1) Commercial Fishing Fquipment. All 
fishing equipment used in coastal fishing 
waters except: 

(A) Seines less than 12 feet in length; 

(B) Spears; 

(C) A dip net having a handle not more 
than eight feet in length and a hoop or 
frame to which the net is attached not 
exceeding 60 inches along the perimeter; 

(D) llook-and-line and bait-and-line 
equipment other than multiple-hook or 
multiple-bait trotline; 

(F) A landing net used to assist in taking 
fish when the initial and primary method 



68 



5; I AOR TH CA ROLINA R EG IS TER April 



1990 



PROPOSED RULES 



of taking is by the use of hook and line; 
and 
(F) Cast Nets. 

(2) Fixed or stationary net. A net anchored 
or staked to the bottom, or some structure 
attached to the bottom, at both ends of 
the net; 

(3) Mesh Fength. Fhe diagonal distance 
from the inside of one knot to the outside 
of the other knot, when the net is 
stretched hand-tight; 

(4) Possess. Any actual or constructive 
holding whether under claim of ownership 
or not; 

(5) Transport. Ship, carry, or cause to be 
carried or moved by public or private 
carrier by land, sea, or air; 

(6) Use. Employ, set, operate, or permit to 
be operated or employed; 

(7) Purse Gill Nets. Any gill net used to 
encircle fish when the net is closed by the 
use of a purse line through rings located 
along the top or bottom line or elsewhere 
on such net; 

(8) Internal Coastal Waters or Internal Wa- 
ters. All coastal fishing waters except the 
Atlantic Ocean; 

(9) Channel Net. A net used to take shrimp 
which is anchored or attached to the bot- 
tom at both ends or with one end an- 
chored or attached to the bottom and the 
other end attached to a boat; 

(10) Dredge. A device towed by engine power 
consisting of a frame, tooth bar or smooth 
bar, and catchbag used in the harvest of 
oysters, clams, crabs, scallops, or conchs; 

(11) Mechanical methods for clamming. In- 
cludes, but not limited to, dredges, hy- 
draulic clam dredges, stick rakes and other 
rakes when towed by engine power, pat- 
ent tongs, kicking with propellers and/or 
deflector plates with or without trawls, 
and any other method that utilizes me- 
chanical means to harvest clams; 

(12) Mechanical methods for oystcring. In- 
cludes, but not limited to, dredges, patent 
tongs, stick rakes and other rakes when 
towed by engine power and any other 
method that utilizes mechanical means to 
harvest oysters; 

(13) Depuration. Purification or the removal 
of adulteration from live oysters, clams, 
and mussels by any natural or artificially 
controlled means; 

(14) Peeler Crab. A blue crab that has a soft 
shell developing under a hard shell and 
having a definite pink, white, or red line 



or rim on the outer edge of the back fin 
or flipper; 

(15) Fength of finfish. Determined by meas- 
uring along a straight line the distance 
from the tip of the snout with mouth 
closed to the tip of the caudal (tail) fm; 

(16) Ficensee. Any person holding a valid li- 
cence from the Department to take or deal 
in marine fisheries resources. 

Statutory Authority G.S. 113-134; 143B-2S9.4. 

.0002 TEMPORARY SUSPENSION OF RULES 

The Fisheries Director is authorized to suspend, 
in whole or in part, until the next meeting of the 
Marine Fisheries Commission, or for a lesser pe- 
riod, the operation of any rule of the Marine 
Fisheries Commission regarding coastal fisheries 
which may be affected by variable conditions. 

Statutoiy Authority G.S. 113-121; 113-/34; 
143B-2S9.4. 

.0003 CONFISCATION AND DISPOSITION 

The Fisheries Director is directed to establish 
administrative procedures for the summary dis- 
position of confiscated live or perishable fish, not 
inconsistent with the provisions of G.S. 
113- 137(d). In so doing, he may require inspec- 
tors to obtain and file receipts for any fish so 
disposed of. 

Statuton' Authority G.S. 113-134; 113-137; 
113-221; I43B-2S9.4. 

.0004 INTRODUCTION OF EXOTICS 

It is unlawful to introduce into the waters of the 
State, any live aquatic animal of live aquatic 
plant, not native to the immediate water area 
concerned, without first obtaining a permit from 
the Fisheries Director. This prohibition shall 
include but not be limited to piranha and walking 
catfish (Clarias batrachus). 

Statutory Authority G.S. 113-134: 113-182; 
143B-2S9.4. 

.0005 LEAVING DEVICES UNATTENDED 

It is unlawful to leave stakes, anchors, nets, 
pots, buoys, or floating devices in any coastal 
fishing waters when such devices are not being 
employed in fishing operations, and none of the 
devices in this Rule may be left in any waters 
during a time when they could not be legally 
fished in those waters. Devices used in conjunc- 
tion with fyke and channel net operations which 
have not been used in fishing operations for 12 
consecutive months shall be deemed abandoned 



5:7 NORTH CAROLINA REGISTER April 2, 1990 



69 



PROPOSED RULES 



and shall be removed by the person or persons 
responsible for their placement. Any fishing 
equipment found set in coastal fishing waters in 
violation of this Section or which contains edible 
species of fish, unfit for human consumption, 
may be removed and disposed of at the discretion 
of the Fisheries Director. 

Statutory Authority G.S. 113-134: 113-137; 
11 3- 1 82; 143B-289.4. 



the Atlantic Ocean adjacent to Onslow Countv 
as described in 15A NCAC 3R .0001 from June 
1 through August 31, except that the Fisheries 
Directory may, by proclamation, modify the 
sanctuary within the described area and vary im- 
plementation between specified dates for the 
protection of the sea turtle population. 

Statutory Authority G.S. 113-132; 113-134; 
113-138; 113-181; 113-182; 113-224; 143B- 289.4. 



.0006 SCIKNTIFIC COLLECTING PERMIT 

It is unlawful to take any marine or estuarine 
species for scientific purposes which is out of 
season or otherwise protected without first se- 
curing a scientific collecting permit from the 
Secretary. If the Secretary determines that the 
request is for a valid scientific purpose and will 
not result in a significant adverse effect on fish- 
eries management, the permit may be issued. 
Such permit will be subject to any restrictions 
concerning areas, times, and sampling methods 
as the Secretary deems appropriate. 

Statutory Authority G.S. 1/3-134; 113-/82; 
113-261; I43B-289A. 

.0007 ENDANGERED OR THREATENED 
SPECIES 

(a) Pursuant to a cooperative agreement en- 
tered into on February 5, 1979, by the Depart- 
ment of Environment, Health, and Natural 
Resources, the Marine Fisheries Commission, 
and the Wildlife Resources Commission, the 
Wildlife Resources Commission will exercise re- 
gulatory jurisdiction over any species of sea tur- 
tle, and their eggs and nests, consistent with 
designation of such species as endangered or 
threatened by the U.S. Fish and Wildlife Service. 
As provided by said agreement, the law enforce- 
ment officers of both the Marine Fisheries Divi- 
sion and the Wildlife Resources Commission 
have jurisdiction to enforce any State laws and 
rules, including those contained in 15A NCAC 
101, relating to endangered or threatened species 
of sea turtles and their eggs and nests. 

(b) The Fisheries Director may close or restrict 
by proclamation any coastal waters with respect 
to taking or attempting to take any or all kinds 
of marine resources when the method (equip- 
ment) used is a serious threat to an endangered 
or threatened species listed pursuant to 16 LSC 
1533(c). Copies of this list may be obtained from 
the Division of Marine Fisheries, PO Box 769, 
3411 Arendcll St., Morehead City, North Caro- 
lina 28557-0769. 

(c) It is unlawful to use any commercial fishing 
equipment in the sea turtle sanctuary located in 



.0008 OCEAN FISHING PIERS 

(a) It is unlawful to fish with nets of any kind 
or from boats within the zone adjacent to any 
ocean fishing pier meeting the requirements of 
G.S. 113-1 85(a), if such zone is marked by one 
of the following methods or a combination of 
methods: 

(1) Yellow range poles at least three inches in 
diameter and extending not less than six 
feet above the surface of the ground, and 
which are parallel to the pier and identi- 
fied by signs with the name of the pier 
printed in letters at least three inches high; 
or 

(2) Buoys, which shall be yellow in color and 
not less than nine inches in diameter and 
extend no less than three feet above the 
surface of the water. 

(b) It is unlawful to define a zone that extends 
more than 750 feet from the pier. When a 
marking system defines a smaller area than au- 
thorized, the limitations on fishing activities shall 
apply within the marked zone. When the mark- 
ing system does not include buoys placed sea- 
ward of the pier's offshore end, the zone 
protected under G.S. 113-185 shall be limited to 
the areas parallel to the sides of the pier and shall 
include no area seaward of the offshore end of the 
pier. 

(c) Owners of qualifying ocean piers shall be 
responsible for complying with all applicable lo- 
cal, state and federal regulations for marking sys- 
tems. 

Statutory Authority G.S. 113-134; 1/3-181; 
1 13-/82; 143B-289.4. 

.0009 ARTIFICIAL REEFS AND RESEARCH 
SANCTL ARIES 

(a) The Fisheries Director may, by proclama- 
tion, prohibit or restrict the taking offish and the 
use of any equipment in and around any artificial 
reef or research sanctuary. Any closure or re- 
stnetion is subject to the following conditions: 
( 1 ) Artificial reefs shall not be closed or re- 
stricted beyond 500 yards in the Atlantic 
Ocean or 250 vards in internal coastal 



70 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



waters. Artificial reefs shall be marked as 
near center as feasible by one readily 
identifiable official buoy and distances for 
closures or restrictions shall be measured 
from such buoy. 

(2) Any closure or restriction shall be for no 
more than one year, subject to renewal in 
the discretion of the Fisheries Director. 

(3) The economic effect of the closure or re- 
striction on fishing interests with respect 
to the size and location of the area and the 
nature of the equipment affected shall be 
considered before such closure is made 
and findings shall be made in writing 
which findings shall be available for public 
inspection at the office of Division of 
Marine Fisheries in Morehead City. 

(b) It is unlawful to engage in any fishing ac- 
tivity, use any equipment, or conduct any other 
operation which has been prohibited by procla- 
mation issued under this authority. 

Statutory Authority G.S. 113-134; 113-181; 
113-182; 143B-289.4. 

.0010 MILITARY RESTRICTED AREAS 

(a) Pursuant to Title 31 United States Code 
Section 3, the United States Corps of Engineers 
has adopted regulations which restrict access to 
and activities within certain areas of coastal and 
inland fishing waters. The designated areas are 
used for military training which may include 
bombing with live ordnance. Fishermen who 
enter and fish within the areas should follow 
Federal Regulations to avoid exposure to unde- 
tonated ordnance, fragments from exploding 
ordnance and other dangerous activities. Federal 
law provides substantial penalties for violations 
of the federal regulations. 

(b) The designated areas are shown on naviga- 
tional charts and specifically described in the 
Coastal Pilot and the Code of Federal Regu- 
lations (CFR). The descriptions in 15A NCAC 
3R .0002(a) show the general location of each 
such area, the Federal Regulation specifically de- 
scribing the areas, the Federal Regulations stating 
the limitations on access to and use of each such 
area, and the designated military authority to 
contact for information about permits and/or for 
access to each such area. 

(c) The Brant Island Range in Pamlico Sound 
has been used for live bomb delivery training 
since World War II and continues to be used for 
such training. Military safety studies confirm 
that the area adjacent to the target has many 
undctonated ordnances on the bottom. Because 
of the accompanying hazards, fishermen are 



strongly advised to restrict fishing activities 
within the Brant Island range. 

(d) Because of the types of military' training at 
the Piney Island range in Pamlico Sound, fisher- 
men are strongly advised not to use fixed gear 
including, but not limited to, pots, pound nets, 
and gill nets in the area described in 15A NCAC 
3R .0002(b). 



Statutory Authority G.S. J 13-1 34; 
113-182; 143B-289.4. 



113-181; 



.001 1 PERMITS FOR AQUACULTURE 
OPERATIONS 

(a) It is unlawful to conduct aquaculture oper- 
ations without first obtaining a permit from the 
Fisheries Director. Such permit will be issued 
on a calendar year basis. All aquaculture oper- 
ations not required to be permitted by the Wild- 
life Resources Commission must be permitted 
by the Fisheries Director. 

(b) It is unlawful to take fisheries resources 
from coastal waters for aquaculture purposes 
during closed seasons without first obtaining a 
permit from the Fisheries Director. The Fisher- 
ies Director may impose any or all of the fol- 
lowing restrictions on the taking of fisheries 
resources for aquaculture purposes: 

(1) Specify species, 

(2) Specify quantity and/or size, 

(3) Specify time period, 

(4) Specify location, 

(5) Specify gear and or vendors, 

(6) Specify other conditions as appropriate. 

(c) It is unlawful to sell, or use for any purpose 
not related to North Carolina aquacultural oper- 
ations, fisheries resources taken under a permit 
issued in accordance with Paragraph (b) of this 
Rule. 

(d) It is unlawful to fail to submit to the Fish- 
eries Director an annual report specifying the 
amount and disposition of fisheries resources 
collected under authority of this permit. 

(e) Lawfully permitted shellfish relaying activ- 
ities authorized by 15A NCAC 3K .0103 and 
.0104 arc exempt from requirements of this Rule. 

Statutory Authority G.S. 113-134; 1/3-182; 
143B-289.4. 

.0012 SPECIAL PERMIT REQUIRED FOR 

SPECIFIC MANAGEMENT PURPOSES 

The Fisheries Director may, by proclamation, 
require that licensees obtain a special permit and 
keep such records and accounts as may be rea- 
sonably required for participation in a fishery for 
which harvest quotas and other specific manage - 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



71 



PROPOSED RULES 



ment measures are necessary to control the har- 
vest. 

Statutory Authority G.S. 113-134; 113-163; 
113-182; 113-221; 143B-289.4. 

SUBCHAPTER 3J - NETS, POTS, DREDGES, 
AND OTHER FISHING DEVICES 

SECTION .0100 - NET RULES, GENERAL 

.0101 FIXED OR STATIONARY NETS 

It is unlawful to use or set fixed or stationary 
nets: 

(1) In the channel of the Intracoastal Waterway 
or in any other location where it may con- 
stitute a hazard to navigation; 

(2) So as to block more than two-thirds of any 
natural or manmade waterway, sound, bay. 
creek, inlet or any other body of water; 

(3) In the middle third of any marked naviga- 
tion channel; 

( 4) In the channel third of the following rivers: 
Roanoke. Cashie. Middle. Eastmost. Cho- 
wan, Little, Perquimans. Pasquotank. 
North, Alligator, Pungo. Pamlico, and Yeo- 
pim. 

Statutory Authority G.S. 1/3-134; 113-182; 
143B-28Q.4. 

.0102 NETS OR NET STAKES 

It is unlawful to use nets or net stakes: 

(1) Within 150 yards of railroad or highway 
bridge crossing the Northeast Cape Fear 
River. New River. White Oak River, Trent 
River, Neuse River, Pamlico River, Roa- 
noke River, and Alligator River; 

(2) Within 300 yards of any highway bridge 
crossing Albemarle Sound, Chowan River, 
Croatan Sound, Currituck Sound and Roa- 
noke Sound; 

(3) If such net stakes are of metallic material. 

Statutory Authority G.S. 113-134: 113-182; 
143B-289.4. 

.0103 GILL NETS. IDENTIFICATION. 
RESTRICTIONS 

(a) It is unlawful to use gill nets in internal 
waters unless such net is marked by attached to 
it at each end two separate yellow buoys which 
shall be of solid foam or other solid buoyant 
material no less than five inches in length. Gill 
nets which are not connected together at the top 
line shall be considered as individual nets, re- 
quiring two buoys at the end of each individual 
net. Gill nets connected together at the top line 
shall be considered as a continuous net requiring 



two buoys at each end of the continuous net. 
Any other marking buoys on gill nets shall be 
yellow except that one additional identification 
buoy of any color or any combination of colors 
may be used at either or both ends. The owner 
shall always be identified on a buoy on each end 
either by using engraved buoys or by attaching 
engraved metal or plastic tags to the buoys. Such 
identification shall include one of the following: 

(1) owner's N'.C. motor boat registration 
number, or 

(2) owner's U.S. vessel documentation name, 
or 

(3) owner's last name and initials. 

(b) It is unlawful to use gill nets: 

( 1) Within 200 yards of any pound net which 
is in use except in Chowan River as pro- 
vided in 15A NCAC 3J .0203(7). 

(2) With a mesh length less than two and 
one-half inches except: 

(A) The Atlantic Ocean, and 

(B) Drift gill nets used in Roanoke River 
as provided in 15A NCAC 3J .0205(2). 

(3) March 1 through October 31 in the Intra- 
coastal Waterway within 150 yards of any 
railroad or highway bridge. 

(4) In the Atlantic Ocean within three nautical 
miles of the shore: 

(A) Unless such nets are marked by at- 
taching to each end a yellow buoy which 
shall be no less than 24 inches in diameter; 
and 

(B) Without meeting the identification re- 
quirements specified in Subparagraphs 
(1), (2). or (3) of Paragraph (a) of this 
Rule. 

The buoy requirements for the Atlantic 
Ocean must be complied with no later 
than January 1, 1993. 

(c) It is unlawful to use gill nets within 100 feet 
either side of center line of the Intracoastal Wa- 
terway Channel south of the Highway 33 Bridge 
at Hobucken Quick Flasher No. 54 in Alligator 
River at the southern entrance to the Intracoastal 
Waterway to the South Carolina line, unless such 
net is used in accordance with the following 
conditions: 

( 1 ) No more than two gill nets per boat may 
be used at any one time; 

(2) Any net used must be attended by the 
fisherman from a boat who shall at no 
time be more than 100 yards from cither 
net; and 

(3) Any individual setting such nets shall re- 
move them, when necessary, in sufficient 
time to permit unrestricted boat naviga- 
tion. 



5:1 XORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



(d) It is unlawful to use unattended drift gill 
nets in violation of standards in 15A NCAC 3J 
.0101 and Paragraph (c) of this Rule. 

Statutory Authority G.S. 113-134; 113-182; 
113-221; 143B-289.4. 

.0104 TRAWL NETS 

(a) It is unlawful to use trawl nets for the taking 
of finfish in internal waters, except that it shall 
be permissible to possess aboard a vessel not 
more than 200 pounds of finfish taken incidental 
to crab or shrimp trawling. The Fisheries Di- 
rector may, by proclamation, close any area to 
trawling for specific time periods in order to se- 
cure compliance of this Rule. 

(b) It is unlawful to use trawl nets in the fol- 
lowing areas from November 1 through March 
31: 

(1) Pamlico/Pungo Rivers - west of a line 
beginning at a point on Pamlico Point at 
35° 18' 43" N - 76° 29' 00" W; thence 
running 010° (M) through Willow Point 
Shoal Light to a point on Willow Point 
at 35° 22' 19" N - 76° 28' 48" W; 

(2) Bay River - west of a line beginning at a 
point on Maw Point at 35° 09' 02" N - 
76° 31' 11" W; thence running 021° (M) 
through Flashing Green Marker "1" to a 
point on Bay Point at 35° 11' 01" N - 76° 
31' 06" W; 

(3) Neuse River - west of a line beginning at 
a point on Great Neck Point at 34° 56' 
18" N - 76° 42' 25" W; thence running 
002° (M) to a point on Wiagins Point at 
35° 00' 15" N - 76° 42' 45" W; 

(4) New River - upstream of the Highway 172 
Bridge. 

(c) It is unlawful to use trawl nets: 

(1) For the taking of oysters or to possess 
oysters on board a vessel during any open 
season with a trawl net on such vessel; 

(2) In Albemarle Sound and its tributaries; 

(3) In that area of Shackleford Banks as de- 
scribed in 15A NCAC 3R .0006. 

(d) Minimum mesh sizes for shrimp and crab 
trawls are presented in 15A NCAC 3L .0103 and 
.0202. 



.0106 CHANNEL NETS 

(a) It is unlawful to use a channel net: 

(1) Until the Fisheries Director specifies by 
proclamation, time periods and areas for 
the use of channel nets and other fixed 
nets for shrimping. 

(2) Without yellow light reflective tape on the 
top portion of each staff or stake and on 
any buoys located at either end of the net. 

(3) With any portion of the set including 
boats, anchors, cables, ropes or nets 
within 50 feet of the center line of the In- 
tracoastal Waterway Channel. 

(4) In the middle third of any navigation 
channel marked by Corps of Engineers 
and/or U.S. Coast Guard. 

(5) Unless attended by the fisherman who 
shall be no more than 50 yards from the 
net at all times. 

(b) It is unlawful to use or possess aboard a 
vessel any channel net with a corkline exceeding 
40 yards. 

(c) It is unlawful to leave any channel net, 
channel net buoy, or channel net stakes in coastal 
fishing waters from December 1 through March 
1. 

(d) It is unlawful to use floats or buoys of me- 
tallic material for marking a channel net set. 

(e) From March 2 through November 30, ca- 
bles used in a channel net operation shall, when 
not attached to the net, be connected together 
and any attached buoy shall be connected by 
non-metal line. 

(f) It is unlawful to leave channel net buoys in 
coastal fishing waters without yellow light reflec- 
tive tape on each buoy and without the owner's 
identification being clearly printed on each buoy. 
Such identification must include one of the fol- 
lowing: 

(1) Owner's N.C. motorboat registration 
number; or 

(2) Owner's U.S. vessel documentation name; 
or 

(3) Owner's last name and initials. 

(g) It is unlawful to use any channel nets, an- 
chors, lines, or buoys in such a manner as to 
constitute a hazard to navigation. 



Statutory Authority G.S. 113-134; 113-182; 
113-221; 143B-2S9.4. 



Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 



.0105 PURSE SEINES PROHIBITED 

It is unlawful to use purse seines except for the 
taking of menhaden or Atlantic thread herring. 

Statutory Authority G.S. 113-134; 113-182; 
143B-2S9.4. 



.0107 POLND NETS 

(a) It is unlawful to use pound or fyke nets in 
internal coastal fishing waters without the own- 
er's identification being clearly printed on a sign 
no less than six inches square, securely attached 
on an outside comer stake of each such net. 



5:7 NORTH CAROLINA REGISTER April 2, 1990 



73 



PROPOSED RULES 



Such identification must include one of the fol- 
lowing: 

( 1 ) For pound nets, the pound net registration 
number and the owner's last name and 
initials. 

(2) For fyke nets, the owner's N.C. motorboat 
registration number, the owner's U.S. 
vessel documentation name, or the own- 
er's last name and initials. 

Any pound or fyke net or any part thereof found 
set in internal coastal fishing waters without 
proper identification will be in violation and may 
be removed and disposed of in accordance with 
law. 

(b) It is unlawful to set pound nets, or any part 
thereof including stakes, in new locations without 
first obtaining a Pound Net Permit from the 
Fisheries Director. Application for such Pound 
Net Permits must be made not less than 90 days 
prior to installation including the setting of 
stakes. The Fisheries Director shall issue a pub- 
lic notice of intent to consider issuance of a 
Pound Net Permit for new locations, and may 
hold public meetings and take other action which 
may include denial of Pound Net Permits, 
deemed necessary to avoid potential user con- 
flicts and to protect traditional uses of the area 
including construction or use of piers. A Pound 
Net Permit for a new location may be issued 
following evaluation by the Fisheries Director 
and will expire 365 days from the date of issue. 

(c) It is unlawful to set pound nets in previ- 
ously registered or permitted locations without 
first obtaining a Pound Net Permit for each lo- 
cation from the Fisheries Director. Such permits 
will expire 365 days from the date of issue. Fai- 
lure to obtain a Pound Net Permit annually, or 
abandonment of pound net sets without removal 
of all stakes, shall constitute a violation and be 
grounds for refusal of any Pound Net Permit. 
Application for renewal of Pound Net Permits 
must be tiled not less than ten days prior to ex- 
piration and will not be processed unless filed by 
the prior registrant. When an objection to a re- 
newal is tiled during the term of the permit, the 
Fisheries Director shall review and may deny the 
permit renewal under the standards for issuance 
of new Pound Net Permits. Failure to use a 
pound net site within 60 days of issuance of a 
Pound Net Permit shall also constitute a vio- 
lation and be grounds for refusal and, or revoca- 
tion of other Pound Net Permits. It is unlawful 
to abandon a pound net set without removal of 
all stakes. 

(d) It is unlawful to use a pound net without 
leaving a marked navigational opening of at least 
25 feet at the end of every third pound. Such 



openings shall be marked with international or- 
ange signs at least six inches square. 

(e) It is unlawful to set a pound net, pound net 
stakes, or other related equipment in internal 
coastal fishing waters without light reflective tape 
or light reflective paint on each pound. The tape 
or paint must cover an area not less than 12 
inches vertically, and visible from all directions. 

(f) In Core Sound, the Fisheries Director shall 
by proclamation designate areas for the use of 
pound and fyke nets. 

(g) In Pamlico Sound, it is unlawful to set a 
pound net, pound net stakes, or any other related 
equipment without radar reflective tape or me- 
tallic material on each end of the pound net set 
covering an area not less than 12 inches verti- 
cally, and visible from all directions. 

Statutory Authority G.S. 113-134; 113-182; 
113-221'; 143B-2S9.4. 

.0108 NETS PULLED BY MORE THAN ONE 
BOAT 

It is unlawful to pull or tow a net with more 
than one boat except in long-haul fishing oper- 
ations. 

Statutorv Authority G.S. 113-134; 113-182; 
143B-2S9.4. 

.0109 LONG-HALL FISHING OPERATIONS, 
IDENTIFICATION REQUIREMENTS 

It is unlawful to tow or pull a net in a long-haul 
or swipe net fishing operation: 

(1) Without a floating buoy attached a mini- 
mum of every 100 yards along the cork line. 
The buoy shall be international orange and 
shall be no less than five inches in diameter 
and no less than 1 1 inches in length; and 

(2) Without a flag, square in shape, interna- 
tional orange in color, at least 24 inches by 
24 inches in size, flying in the rigging so as 
to be visible when approaching the vessel 
from any direction. 

Statutory Authority G.S. 113-134; 113-182; 
143B-2S9.4. 

SECTION .0200 - NET RULES, SPECIFIC AREAS 

.0201 ALBEMARLE SOLND AND 
TRIBUTARIES 

In Albemarle Sound and tributaries: (including 
Chowan River, excluding Currituck Sound and 
its tributaries): 
(1) From January 1 through May 31, it is un- 
lawful to use gill nets with a mesh length less 
than three inches in Albemarle Sound and 
tributaries, between the mouth of Roanoke, 



74 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



Middle, Eastmost and Cashie Rivers and the 
U.S. 64-264 bridges across Roanoke and 
Croatan Sounds. 

(2) From June 1 through September 30, it is 
unlawful to use gill nets with a mesh length 
less than five inches in the Albemarle Sound 
and tributaries between the mouth of Roa- 
noke, Middle, Eastmost, and Cashie Rivers 
and the U.S. 64-264 bridges across Roanoke 
and Croatan Sounds. The Fisheries Direc- 
tor may by proclamation allow the use of 
gill nets with a mesh length of three inches 
or less and may require the nets be attended 
by the fisherman at all times. It is unlawful 
for any fisherman to use more than 400 
yards of nets with a mesh length of three 
inches or less. 

(3) From October 1 through December 31, it 
is unlawful to use gill nets with a mesh 
length less than three and one-half inches in 
Albemarle Sound and tributaries between 
the mouth of Roanoke, Middle, Eastmost, 
and Cashie Rivers and the U.S. 64-264 
bridges across Roanoke and Croatan Sounds 
except attended gill nets as described in 
Subparagraph (2) of this Rule may be used. 
Gill nets which have a mesh length three and 
one-half inches and greater and less than 
four and one-quarter inches must be sunk 
to the bottom, set in no less than eight feet 
of water in the tributaries, ten feet of water 
in the Sound, and be no more than 35 
meshes deep. 



Statutory Authority 
143B-289.4. 



G.S. 113-134; 113-182; 



.0202 ATLANTIC OCEAN 

In the Atlantic Ocean: 

(1) It is unlawful to use nets from June 15 
through August 1 5 in the waters of Mason- 
boro Inlet or in the ocean within 300 yards 
of the beach between Masonboro Inlet and 
a line running 138° through the water tank 
on the northern end of Wrightsville Beach, 
a distance parallel with the beach of 4,400 
yards. 

(2) It is unlawful to use trawls within one-half 
mile of the beach between the Virginia line 
and Oregon Inlet. 

(3) It is unlawful to use a trawl with a mesh 
length less than four inches in the main 
body, three inches in the extension, and one 
and three-fourths inches in the cod end or 
tail bag inshore of a line beginning at a point 
34° 41' 18" N - 76° 40' 08" W on the western 
side of Beaufort Inlet Channel (the present 
location of buoy "11" QK II); thence 



westward parallel to and one-half mile from 
the ocean back to a point 34° 40' 32" N - 
76° 53' 45" W off Salter Path. 
(4) It is unlawful to use gill nets with a mesh 
length greater than six inches from February 
1 through June 30 from Carolina Beach In- 
let to the South Carolina line. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0203 CHOWAN RIVER AND ITS 
TRIBUTARIES 

In the Chowan River and its tributaries: 

(1) It is unlawful to anchor the lead line of any 
net closer than 50 feet from shore except in 
the Meherrin River. 

(2) It is unlawful to use pound nets or gill nets 
in any tributary creek or within 150 yards 
of the mouth of any such tributary creek of 
the Chowan River. 

(3) It is unlawful to use gill nets with a mesh 
length less than two and one-half inches in 
the Meherrin River from January 1 through 
May 31. 

(4) It is unlawful to set a pound net within 200 
yards parallel to any other pound net in the 
Chowan River. 

(5) It is unlawful to use a seine within 1,000 
yards of the mouth of any creek tributary to 
the Chowan River. 

(6) It is unlawful to set a trotline within 100 
yards of a pound net from February 1 
through May 31. 

(7) In the Chowan River from the mouth of 
Wiccacon River to the North 
Carolina/ Virginia border, gill nets may be set 
perpendicular to the channel a distance of 
at least 50 feet from the outer portion of a 
pound net while in use. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0204 CURRITUCK SOUND AND ITS 
TRIBUTARIES 

In Currituck Sound and its tributaries: 

( 1 ) It is unlawful to use any net or seine with 
more than one power boat. 

(2) It is unlawful to use any seine or haul net 
which is more than 900 yards in length or 
which has a mesh length of less than three 
inches. 

(3) It is unlawful to use gill nets with a mesh 
length less than three inches from January 1 
through May 31. 

(4) From June 1 through September 30, it is 
unlawful to use gill nets with a mesh length 



5:7 NORTH CAROLINA REGISTER April 2, 1990 



5 



PROPOSED RULES 



of five inches or less except gill nets with a 
mesh length of three and one-fourth inches 
or less which are attended by the fisherman 
at all times. It is unlawful to use more than 
400 yards of nets with a mesh length of three 
and one-fourth inches or less. 
(5) Prom October 1 through December 31, it 
is unlawful to use gill nets with a mesh 
length less than three and one-half inches or 
to set within 300 yards of the shoreline, ex- 
cept gill nets with a mesh length five inches 
and greater and attended gill nets as de- 
scribed in Subparagraph (4) of this Rule. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0205 ROANOKE: CASHIE: MIDDLE AND 
EASTMOST RIVERS 

In the Roanoke, Cashie, Middle and Eastmost 
Rivers: 

(1) It is unlawful to use more than one drift gill 
net per boat and such net must be attended 
at all times. 

(2) It is unlawful to use drift gill nets with a 
mesh length of less than two and one-fourth 
inches or greater than three inches and fixed 
or stationary gill nets with a mesh greater 
than three inches, from the mouth of Roa- 
noke, Cashie, Middle and Eastmost Rivers 
to the Highway 258 bridge during the period 
April 1 through May 31. 

(3) It is unlawful to use gill nets from June 1 
through September 30. 

Statutory Authority G.S. 113-134; II 3-1 82; 
143B-289.4. 

.0206 SOUTIIPORT BOAT HARBOR 

It is unlawful to use any commercial fishing gear 
in the Southport Boat Harbor, Brunswick 
County, north of an east-west line across the 
mouth of the harbor; said line running 34° 55' 
00" N and which intersects beacon number f> at 
the entrance to the harbor. 

Statutory Authority G.S. 1/3-134; 113-182; 
143B-289.4. 

.0207 CAROLINA POWER AND LIGHT 
INTAKE CANAL 

It is unlawful to use any commercial fishing 
equipment in the Carolina Power and I iglit In- 
take Canal between the fish diversion screen and 
the Carolina Power and I ight Brunswick nuclear 
power plant. 



Statutory Authority G.S. 113-134; 1/3-/82; 
143B-289.4. 

SECTION .0300 - POTS, DREDGES, AND 
OTHER FISHING DEVICES 

.0301 CRAB, EEL, FISH, AND SHRIMP POTS 

(a) It is unlawful to use pots except during time 
periods and in areas specified herein: 

(1) From November 1 through April 30 ex- 
cept that all pots shall be removed from 
internal waters from January 24 through 
February 7. The Fisheries Director may, 
by proclamation, reopen various waters to 
the use of pots after January 28 if it is de- 
termined that such waters are free of pots. 

(2) From May 1 through October 31, north 
and east of the Highway 58 Bridge at 
Emerald Isle in areas described in 15A 
NCAC 3R .0007, except that the Fisheries 
Director may, by proclamation, designate 
the areas in Wysockina Bay described in 
15A NCAC 3R .0007(4)(a) and adjust 
designated areas in Long Shoal River for 
the use of pots during this time period. 

(3) From May 1 through October 31 in the 
Atlantic Ocean and west and south of the 
Highway 58 Bridge at Emerald Isle in ar- 
eas and during time periods designated by 
the Fisheries Director by proclamation. 

(b) It is unlawful to use pots in any navigation 
channel maintained and marked by State or 
Federal agencies. 

(c) It is unlawful to use pots unless each pot is 
marked by attaching a floating buoy which shall 
be of solid foam or other solid buoyant material 
and no less than five inches in diameter and no 
less than five inches in length. Buoys may be of 
any color except yellow. The owner shall always 
be identified on the attached buoy by using en- 
graved buoys or by engraved metal or plastic tags 
attached to the buoy. Such identification shall 
include one of the following: 

(1) owner's N.C. motorboat registration 
number; or 

(2) owner's U.S. vessel documentation name; 
or 

(3) owner's last name and initials. 

(d) Pots attached to shore or a pier shall be 
exempt from (a) (2), (a) (3). and (c) of this Rule. 

(e) It is unlawful to use shrimp pots with mesh 
lengths smaller than one and one-fourth inches 
stretch or five-eights inch bar. 

(f) It is unlawful to use eel pots with mesh sizes 
smaller than one inch by one-half inch except 
that not more than two eel pots per fishing op- 
eration with a mesh of any size may be used to 
take eels for bait. 



76 



5:1 SORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



(g) It is unlawful to use crab pots in coastal 
waters unless each pot contains no less than two 
escape rings that are at least 2 5/16 inches inside 
diameter and located in the opposite outside pa- 
nels of the upper chamber of the pot. Peeler pots 
with a mesh size less than 1 1/2 inches shall be 
exempt from the cull ring requirement. 

(h) It is unlawful to use more than 150 pots 
per vessel in Newport River. 

(i) Any pots found in violation of this Rule or 
15A NCAC 2J .0302 may be removed by marine 
fisheries enforcement officers and disposed of in 
accordance with law. 



Statutory Authority G.S. 
113-221; I 43 B- 289.4. 



113-134; 113-182; 



.0302 NON-COMMERCIAL USE OF POTS 

(a) Pots may be attached to shore or a pier any 
time of year with the exception of the closed cle- 
an-up period specified in 15A NCAC 3.1 
.0301(a)(1). 

(b) Pots attached to shore or a pier are not re- 
quired to meet the buoy and identification re- 
quirements specified in 15A NCAC 3J .0301(c), 
but must meet the minimum mesh length and 
escape ring requirements specified in 15A NCAC 
3J .0301(e), (f) and (g). 

(c) The license requirements of G.S. 113-152 
apply if a vessel is used in connection with the 
use of pots. 

(d) All provisions of 15A NCAC 3J .0301 ap- 
ply if pots are not attached to shore or a pier. 



Statutory Authority G.S. 
113-221; 143B-289.4. 



113-134; 113-182; 



.0303 DREDGES AND MECHANICAL 
METHODS PROHIBITED 

(a) It is unlawful to use or have aboard a vessel 
any dredge weighing more than 100 pounds. 

(b) It is unlawful to use more than one dredge 
per vessel to take oysters or crabs or to use any 
dredges or mechanical methods between sunset 
and sunrise. 



Statutory Authority 
143B-289.4. 



G.S. 113-134; 113-182; 



.0304 ELECTRICAL FISHING DEVICE 

It is lawful to take catfish by the use of a hand- 
operated device generating pulsating electrical 
current in the Cape Fear River between Lock 
and Dam No. 1 in Bladen County downstream 
to where the Black River joins the Cape Fear 
River. 



Statutory A uthority 
143B-289.4. 



G.S. 113-134; 113-182; 



SUBCHAPTER 3K - OYSTERS, CLAMS, 
SCALLOPS AND MUSSELS 



SECTION .0100 - GENERAL 



.0101 



(a) 
sters, 
been 



PROHIBITED SHELLFISH 
AREAS/ACTIVITIES 

It is unlawful to possess, sell, or take oy- 
clams or mussels from areas which have 
designated as prohibited (polluted) by 
proclamation by the Fisheries Director except as 
provided in 15A NCAC 3K .0103, .0104, and 
.0401. The Fisheries Director shall issue such 
proclamations upon notice by the Division of 
Environmental Health that duly adopted criteria 
for approved shellfish harvest areas have not been 
met. The Fisheries Director may reopen any 
such closed area upon notification from the Di- 
vision of Environmental Health that duly 
adopted criteria for approved shellfish harvest 
areas have been met. 

Copies of these proclamations and maps of these 
areas are available upon request at the Division 
of Marine Fisheries, 341 1 Arendcll St., Morehead 
City, NC 28557; (919) 726-7021. 

(b) The Fisheries Director may, by proclama- 
tion, close areas to the taking of oysters, clams, 
scallops and mussels in order to protect the 
shellfish populations for management purposes 
or for public health purposes not specified In (a) 
of this Rule. 

(c) It is unlawful to possess or sell oysters, 
clams, or mussels taken from polluted waters 
outside North Carolina. 



Statutory Authoritv G.S. 
113-221; 143B-289A. 



113-134; 113-182 



.0102 PROHIBITED RAKES 

It is unlawful to use a rake more than 12 inches 
wide or weighing more than six pounds to take 
oysters or scallops. 



Statutory A uthority 
I43B-289.4. 



G.S. 113-134; 113-181 



.0103 SIIELLFISII/SEED MANAGEMENT 
AREAS 

(a) It is unlawful to take oysters or clams from 
any Shellfish Management Area which has been 
closed and posted, except that the Fisheries Di- 
rector may, by proclamation, open specific areas 
to allow the taking of oysters and clams and may 
designate time, place, character, or dimensions 
of any method or equipment that may be cm- 
ployed. 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



77 



PROPOSED RULES 



(b) It is unlawful to take oysters or clams from 
Seed Management Areas for planting on private 
bottoms without first obtaining a permit from 
the Fisheries Director. 

Statutory Authority G.S. 113-134; 113-182; 
113-221; 143B-2S9.4. 

.0104 PERMITS FOR PLANTING SHELLFISH 
FROM POLLUTED AREAS 

(a) It is unlawful to take oysters or clams from 
polluted public waters for planting on private 
bottoms except: 

(1) As authorized by G.S. 113-203, provided 
that such person shall first obtain a permit 
from the Fisheries Director setting forth 
the time and area from which oysters may 
be taken. Relaying of oysters from pol- 
luted waters shall begin within five days 
following the statewide closure of the oy- 
ster season and shall continue for a period 
not to exceed six weeks. 

(2) During the period April 1 through May 
15, by permit from the Fisheries Director 
setting forth the time, area and method 
by which clams may be taken. 

(b) The Fisheries Director, acting upon rec- 
ommendations of the Division of Environmental 
Health, shall close and reopen by proclamation 
any private shellfish beds for which the owner 
has obtained a permit to relay oysters and clams 
from polluted public waters. 

Statutory Authority G.S. 113-134; 113-182; 
1/3-221; 143D- 289.4. 

.0105 NON-COMMERCIAL HARVEST OF 
SHELLFISH 

(a) It is unlawful for individuals claiming ex- 
emption from the oyster, clam and scallop license 
required by G.S. 113-154, by reason of non- 
commercial harvest, to take more than: 

( 1) One bushel of oysters per person per day, 
not to exceed two bushels per vessel per 
day; 

(2) One hundred clams per person per day, 
not to exceed two hundred clams per ves- 
sel per day; and 

(3) One-half bushel of scallops per person per 
day, not to exceed one bushel per vessel 
per day. 

(b) A vessel license, as required by G.S. 113- 
152 for the use of commercial fishina equipment 
as defined in 15A NCAC 31 .0001(b)(1) is not 
required for the non-commercial harvest of 
shellfish in accordance with limits in Paragraph 
(a) of this Rule when: 



(1) Oysters are taken by hand tongs, hand 
rakes in accordance with 15A NCAC 3K. 
.0102, or by hand; 

(2) Clams are taken by hand tongs, hand 
rakes, or by hand; and 

(3) Scallops are taken by hand tongs, hand 
rakes in accordance with 15A NCAC 3K 
.0102, dip nets, or by hand. 

(c) It is unlawful to take oysters, clams, or 
scallops for non-commercial purposes at any 
time except: 

(1) During regular open seasons; 

(2) By means and methods described in Par- 
agraph (b) of this Rule; and 

(3) Oysters and clams may also be taken on 
Sundays and scallops may also be taken 
on Saturdays and Sundays during regular 
open seasons. 

(d) It is unlawful for individuals not meeting 
shellfish licensing requirements to be aboard a 
vessel used in connection with a commercial 
shellfish operation or to take shellfish for non- 
commercial purposes when such shellfish are 
taken in connection with a commercial shellfish 
operation. 

Statuton' Authority G.S. 113-134; 113-152; 
113-154; 113-182; J43B-289.4. 

.0106 TAKING OR UNLOADING OYSTERS 

AND CLAMS ON SUNDAY OR AT NIGHT 

(a) It is unlawful to take oysters or clams on 
Sunday, except in accordance with 15A NCAC 
3K .0105(c), or between the hours of sunset and 
sunrise on any day. 

(b) It is unlawful to unload oysters or clams 
from any vessel or remove any vessel containing 
oysters or clams from the water on Sunday or 
between sunset and sunrise on any day except 
that in New Hanover, Pender and Brunswick 
Counties, oysters and clams may be unloaded 
until two hours after sunset. Oysters and clams 
taken on Sunday under the provisions of 15A 
NCAC 3K .0105 are exempt from the Sunday- 
unloading prohibition. 

Statuton' Authority G.S. 113-134; 113-182; 
143B-2S9.4. 

.0107 DEPl RATION OF SI IELLFISII 

(a) It is unlawful to take clams, oysters or 
mussels from the public or private prohibited 
(polluted) waters of the state for the purpose of 
depuration in an approved depuration operation 
except when the harvest will utilize shellfish that 
would otherwise be destroyed in maintenance 
dredging operations. All harvest and transport 
activities within the State of North Carolina re- 



78 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



lated to depuration shall be under the direct su- 
pervision of the Division of Marine Fisheries 
and/or the Division of Environmental Health. 

(b) The Fisheries Director, may, by proclama- 
tion, impose any or all of the following re- 
strictions on the harvest of shellfish for 
depuration: 

(1) Specify species, 

(2) Specify areas except harvest will not be 
allowed from designated buffer zones ad- 
jacent to sewage outfall facilities, 

(3) Specify harvest days, 

(4) Specify time period, 

(5) Specify quantity and/or size, 

(6) Specify harvest methods, 

(7) Specify record keeping requirements. 

(c) Harvest permits: 

(1) All persons harvesting clams, oysters or 
mussels from prohibited (polluted) waters 
for the purpose of depuration shall first 
obtain a permit from the Division of Ma- 
rine Fisheries and Division of Environ- 
mental Health setting forth the method 
of harvest to be employed. 

(2) The permit application shall provide the 
name, address, location and telephone 
number of the depuration operation 
where the shellfish will be depurated. 

(3) Persons desiring to harvest polluted 
shellfish for depuration shall apply for a 
harvest permit at least 15 days prior to 
initiation of harvest. 

(d) Transport of clams, oysters or mussels for 
depuration: 

(1) Clams, oysters or mussels harvested from 
prohibited (polluted) waters for depura- 
tion in an approved depuration operation 
located within the State of North Carolina 
shall be transported under the direct su- 
pervision of the Division of Marine Fish- 
eries and/or the Division of 
Environmental Health. 

(2) Clams, oysters or mussels harvested from 
prohibited (polluted) waters for depura- 
tion in an approved depuration operation 
outside the State of North Carolina shall 
not be transported within the State of 
North Carolina except under the direct 
supervision of the Division of Marine 
Fisheries or the Division of Environ- 
mental Health. 

(e) It is unlawful to ship shellfish harvested for 
depuration to depuration facilities located in a 
state other than North Carolina unless the facility 
is in compliance with the applicable rules and 
laws of the shellfish control agency of that state. 



Statutory Authority G.S. 113-134; 113-182; 
1/3-201; 143B- 289.4. 

SECTION .0200 - OYSTERS 

.0201 OPEN SEASON 

It is unlawful to take, buy, sell, or possess any 
oysters from public bottoms except during the 
open season which begins October 15 for hand 
harvest, and November 1 for dredges and may 
extend through March 31. During any open 
season that may be allowed within the time pe- 
riods stated herein, the Fisheries Director may, 
by proclamation, close and open the season or 
close and open any of the various waters to the 
taking of oysters and may impose any or all of 
the following restrictions: 

(1) Specify number of days; 

(2) Specify areas; 

(3) Specify means and methods which may be 
employed in the taking; 

(4) Specify time period; and 

(5) Limit the quantity. 

Statutory Authority G.S. 113-134; 113-182; 
113-201; 113-221; 143B-289.4. 

.0202 SIZE/POSSESSION LIMIT AND 
CULLING TOLERANCE 

(a) It is unlawful to possess oysters which have 
accumulated dead shell, accumulated oyster 
cultch material, a shell length of less than three 
inches, or any combination thereof that exceeds 
a five percent tolerance limit by volume. In de- 
termining whether the tolerance limit is exceeded, 
the Fisheries Director and his agents are author- 
ized and empowered to grade all, or any portion. 
or any combination of portions of the entire 
quantity being graded, and in cases of violations, 
may require seizure and return to public bottom 
or other disposition as authorized by law. 

(b) All oysters shall be culled by the catcher 
where harvested and all oysters of less than legal 
size, accumulated dead shell and cultch material, 
shall be immediately returned to the bottom from 
which taken. 

(c) It is unlawful to take, land, or possess 
aboard a vessel more than 50 bushels of oysters 
at any one time. 

(d) This Rule shall not apply to oysters im- 
ported from out-of-state solely for shucking at 
shucking houses which are currently certified for 
shucking and packing by the Division of Envi- 
ronmental Health and which hold a valid shuck- 
er-packer license. 

Statutory Authority G.S. 113-134; 113-182; 
I43B-289.4. 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



~9 



PROPOSED RULES 



.0203 TRAWLING ACROSS OYSTER 

MANAGEMENT AREAS PROHIBITED 

It is unlawful to tow or pull a trawl net for any 
purpose across any oyster bed which has been 
planted and posted by the state. 



Statutory Authority G.S. 
143B-2S9.4. 



113-134; 113-182; 



.0204 DREDGES/MECHANICAL METHODS 
PROHIBITED 

It is unlawful to use any dredge or other me- 
chanical method to take oysters: 

(1) In Pamlico Sound within the area described 
in 15A NCAC 3R .0008(a). 

(2) In Core Sound and its tributaries within the 
area described in 15A NCAC 3R .0008(b). 

(3) On any posted bottoms upon which oysters 
or shells have been planted by the state, un- 
less such bottoms have been opened to the 
public and dredging permitted. 

(4) In any of the areas and their tributaries 
designated in 15A NCAC 3R .0008(c). 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0205 MARKETING OYSTERS TAKEN EROM 
PRIVATE SHELLFISH BOTTOMS 

(a) It is unlawful to take, possess, buy, or sell 
oysters from private beds during the open season 
unless such oysters have been culled in accord- 
ance with Rule 15A NCAC 3K .0202. 

(b) It is unlawful to take, possess, or sell oysters 
from private beds during the regular closed sea- 
son without first securing from the Fisheries Di- 
rector a permit showing the name of the person 
or persons taking the oysters, the location of the 
private bed, and the method of harvest. With 
each sale or other disposition of oysters during 
the regular closed season, the permittee shall 
complete and deliver to the purchaser or other 
recipient a certification that the oysters were 
taken pursuant to a valid permit. Certification 
forms shall be furnished by the Department to 
each permittee upon issuance of a permit. It is 
unlawful to possess oysters during the closed 
season except as provided herein. 



Statutory Authority G.S. 
1 13-201'; I43D-289.4. 



1/3-134; 113-182; 



SECTION .0300 - HARD CLAMS 
(MERCENARIA) 

.0301 SIZE AND HARVEST LIMIT 

(a) It is unlawful to take, land, or possess 
aboard a vessel more than 6,250 hard clams per 



fishing operation from public bottom. It is un- 
lawful to take, possess, sell, or purchase any 
clams (except Rangia or freshwater clams) less 
than one inch thick. Clams shall be culled where 
harvested and all clams of less than legal size with 
their shell, shall be immediately returned to the 
bottom from which taken. The Fisheries Direc- 
tor and his agents are authorized and empowered 
to grade all, or any portion, or any combination 
of portions of the entire quantity of clams being 
graded and may require seizure and return to 
public bottom or other disposition as authorized 
by law of the entire quantity being graded or any 
portion thereof. 

(b) For temporary openings made upon the 
recommendation of Shellfish Sanitation, for 
maintenance dredging operations, or for relaying 
of polluted clams to private shellfish bottoms as 
permitted by 15A NCAC 3K .0104, size and 
harvest limits established in Paragraph (a) of this 
Rule and the season and area limitations estab- 
lished in 15A NCAC 3K .0302 may not apply. 

Statutory Authority G.S. 113-134; 113-182; 
1/3-22/'; 143B-289.4. 

.0302 MECHANICAL HARVEST SEASON 

(a) It is unlawful to take, buy, sell, or possess 
any hard clams taken by mechanical methods 
from public bottom except that the Fisheries 
Director may, by proclamation, open and close 
the season at any time between December 1 
through March 31. The Fisheries Director is 
further empowered to impose any or all of the 
following restrictions: 

( 1 ) specify number of days, 

(2) specify areas, 

(3) specify time period, 

(4) specify quantity and/or size, and 

(5) specify means/methods. .Any proclama- 
tion specifying means and or methods 
must be approved by the Marine Fisheries 
Commission prior to issuance. 

(b) The Fisheries Director may, by proclama- 
tion, open only areas in Core and Bogue Sounds, 
Newport, North, White Oak and New Rivers 
and the Intracoastal Waterway north of "PC" 
Marker at Topsail Beach which have been 
opened at any time from January', 1977, through 
September, 1988, and the Atlantic Ocean to the 
harvest of clams by mechanical methods. Other 
areas opened for purposes as set out in 15A 
NCAC 3K .0301(b) will open only for those 
purposes. 

Statutory Authority G.S. 113-134; 1/3-182; 
113-221'; 143B-289J. 



SO 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



.0303 MECHANICAL HARVEST PERMIT 
REQUIREMENT 

(a) It is unlawful to harvest hard clams by the 
use of mechanical methods from public or pri- 
vate bottom without first obtaining a permit. 
Permits are valid only in areas, at times, and un- 
der conditions specified by the Fisheries Director 
based on concerns for other fisheries resources in 
the vicinity of the areas within which such activ- 
ity is permitted. Such permit may impose con- 
ditions and requirements reasonably necessary 
for management and enforcement purposes. 

(b) The permit will be revoked or suspended 
under the following conditions: 

(1) If any permit holder refuses to provide 
clam harvest information upon contact by 
division staff, either by telephone or in 
person, his permit shall be suspended. 
Permits may be reinstated ten days after 
requested information is provided. 

(2) Upon conviction of violation of marine 
fisheries law, regulation, or proclamation 
involving the use of mechanical methods, 
the owner's permit will be suspended for 
no less than the following time periods: 
first conviction -- 10 days; second con- 
viction within three years -- 30 days; third 
conviction within three years — 60 days; 
and upon the fourth conviction within a 
three-year period, the permit will be per- 
manently revoked. 

(3) Upon conviction of violation of 15A 
NCAC 3K .0101 or conviction of taking 
clams with the use of mechanical methods 
from coastal waters that are closed by 
proclamation because of pollution, the 
owner's permit will be suspended for 30 
days for the first conviction, and after the 
second conviction within a three-year pe- 
riod the permit will be permanently re- 
voked. 

(4) In the event the person makes application 
for a new permit during the period of 
suspension, no new permit will be issued 
during the time specified in this Rule. In 
cases of permanent revocation the mini- 
mum waiting period before application for 
a new permit will be considered will be six 
months; then only after a hearing before 
the Fisheries Director or his agent and a 
finding that issuance of the permit will be 
in the best interest of fisheries manage- 
ment may a new permit be issued. 

Statutory Authority G.S. 113-134; 113-182; 
I43B-2S9.4. 

.0304 PROHIBITED TAKING 



(a) It is unlawful to take clams by any method, 
other than by hand tongs, hand rakes, or by 
hand, except as provided in Rules 15A NCAC 
3K .0302 and .0303. Regardless of the areas 
which may be opened, it is unlawful to take 
clams by any method other than hand tongs, 
hand rakes as described in 15A NCAC 3K .0102, 
or by hand in any live oyster bed, or in any es- 
tablished bed of aquatic vegetation which is de- 
fined as those marine and estuarine areas of 
North Carolina where eelgrass (Zostera marina), 
shoalgrass (Halodule wrightii), widgeon grass 
(Ruppia maritima), and smooth or salt water 
cordgrass (Spartina alterniflora) that may exist 
together or separately. These vegetation beds 
occur in both subtidal and intertidal zones, and 
may occur in isolated patches or cover extensive 
areas. In either case, the bed is defined by the 
presence of and consists of entire plants (which 
during some seasons may be mostly under- 
ground) including the above ground leaves and 
the below ground rhizomes, together with the 
sediment in which the plant grows. 

(b) It is unlawful to possess clam trawls aboard 
a vessel at any time, or have kick/deflector plates 
normally used in the mechanical harvest of clams 
affixed to a vessel at any time, except during the 
open mechanical clam harvest season. A period 
of 14 days before and after the mechanical clam 
harvest season will be allowed for the installation 
and removal of kick, deflector plates and clam 
trawls or cages. Vessels with permits for activ- 
ities provided for in Rules 15A NCAC 3K .0104, 
.0107, .0303(a), and .0401 shall be exempt from 
this Rule during the times such activities are 
permitted. 

Statutory Authority G.S. 113-134; II 3-1 82; 
1/3-22/'; 143B-289.4. 

.0305 CLAM HATCHERY PERMIT; 
RESTRICTIONS 

(a) It is unlawful to operate a clam hatchery 
without first obtaining a permit from the Fisher- 
ies Director. Such permit will be issued on a 
calendar year basis. A clam hatcher," is defined 
as any operation which obtains clams through 
the process of artificial spawning and/or culture 
methods. 

(b) It is unlawful to possess undersized clams 
from a hatchery unless such clams arc identified 
in a manner that will permit immediate determi- 
nation of the point of origin and the ultimate 
destination. 

(c) Possession and sale of clams by a hatchery 
and purchase and possession of clams from a 
hatchery shall be exempt from bag and size limit 
restrictions in 15A NCAC 3K .0301(a), except 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



81 



PROPOSED RULES 



that it is unlawful to possess, sell, or transport 
undersize clams for purposes other than grow- 
out to legal size for market. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

SECTION .0400 - RANGIA CLAMS 

.0401 PERMIT REQUIREMENT 

It is unlawful to take Rangia clams by mechan- 
ical methods from all waters, or by any method 
from polluted waters, without first securing a 
permit from the Fisheries Director. The permit 
shall be issued to the boat owner/operator, shall 
list all crew members involved in the operation, 
and must accompany the vessel at all times. 
Such permit shall designate the area and time(s) 
in which Rangia clams may be taken. 

Statutory Authority G.S. 113-134; 113-201; 
1/3-202; 143B-289.4. 

.0402 SEASON, SIZE AND HARVEST LIMITS 

Season, size, and harvest limits applicable to 
hard clams in Section 15A NCAC 3K .0300 do 
not apply to Rangia clams. 



Statutory Authority 
113-202; 1 43 B- 289. 4. 



G.S. 113-134; 113-201; 



.0403 DISPOSITION OF MEATS 

.-VII meats from clams taken from polluted wa- 
ters shall be disposed of in a manner (other than 
for human consumption) acceptable to the North 
Carolina Divisions of Marine Fisheries and En- 
vironmental Health. 



Statutory Authority G.S. 
113-202; 143B-289.4. 



113-134; 113-201; 



SECTION .0500 - SCALLOPS 

.0501 BAY SCALLOPS - SEASONS AND 
HARVEST LIMITS 

(a) It is unlawful to take bay scallops except 
that the Fisheries Director may, by proclamation, 
open the season for harvest, sale, possession and 
transport of bay scallops for up to four days in 
December and between the second Monday in 
January and the last Friday in May. The Fish- 
cries Director may, by proclamation, provide for 
an open season during the period August 1 
through September 15 to hand harvest only (by 
hand, dip nets, scoops, hand tongs and hand 
rakes). The Fisheries Director is further em- 
powered to impose any or all of the following 
restrictions: 

( 1 ) specify number of days; 



(2) specify areas; 

(3) specify means and methods which may be 
employed in the taking; 

(4) specify time period; and 

(5) limit the quantity. 

(b) For any season provided from December 
through May, it is unlawful to take more than 
20 standard U.S. bushels per person in any one 
day or to exceed a total of 40 standard U.S. 
bushels per day in any combined fishing opera- 
tion. 

(c) For any season provided from August 1 
through September 15, it is unlawful to take 
more than ten standard U.S. bushels per person 
in any one day or exceed a total of 20 standard 
U.S. bushels per day in any combined fishing 
operation. 

Statutory Authority G.S. 113-134; 113-182; 
113-221; 143B-289.4. 

.0502 TAKING BAY SCALLOPS AT NIGHT 
AND ON WEEKENDS 

It is unlawful to take bay scallops between sun- 
set and sunrise, or on Saturdavs or Sundavs, ex- 
cept as provided in 15A NCAC 3K .0105(c). 



Statutory Authority G.S. 
113-221; 1 43 B- 289.4. 



113-134; 113-/82; 



.0503 PROHIBITED BAY SCALLOP DREDGE 

It is unlawful to take bay scallops with dredges 
weighing more than 50 pounds or equipped with 
teeth. Any other instrument or device designed 
to drag the bottom to aid in the taking of bay 
scallops is also prohibited. 



Statutory . 
143B-289.4. 



tuthority G.S. 113-134; 113-/82; 



.0504 CALICO SCALLOP SEASON 

It is unlawful to land or possess aboard a vessel 
calico scallops except at such times as designated 
by the Fisheries Director by proclamation. 



Statutory Authority G.S. 
1 13-22/'; 143B-289.4. 



113-134; 113-182; 



.0505 SEA SCALLOPS SIZE LIMIT AND 
TOLERANCE 

It is unlawful to land or possess sea scallops 
with a shell height (length) of less than three and 
one-half inches. A tolerance of not more than 
ten percent by number for undersized sea scallop 
shell height shall be allowed. In determining 
whether the proportion of undersized sea scallops 
exceeds the ten percent tolerance limit, the Fish- 
eries Director and his agents arc authorized and 
empowered to grade all, or any portion, or any 



82 



5:1 XORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



combination of portions of the entire quantity 
being graded, and in cases of violations, may re- 
quire seizure or other disposition as authorized 
by law. 



(a) It is unlawful to take shrimp with nets with 
mesh lengths less than the following: 



Statutory Authority G.S. 
I43B-2S9.4. 



113-134; 113-182; 



.0506 SOAKED OR SWELLED SCALLOPS 
PROHIBITED 

It is unlawful to possess, sell, or take part in the 
production of soaked or swelled scallops that 
have been shucked. It is unlawful to permit 
scallops to be placed in still or standing water. 



Statutory Authority 
143B-289.4. 



G.S. 113-134; 113-182; 



SUBCHAPTER 3L - SHRIMP, CRABS, AND 
LOBSTER 

SECTION .0100 -SHRIMP 

.0101 SEASON 

(a) It is unlawful to take shrimp with nets until 
the Fisheries Director, by proclamation, opens 
the season in various waters. Proclamations may 
specify any hours of day or night or both and any 
other conditions appropriate to management of 
the fishery. If sampling indicates primarily un- 
dersized shrimp or juveniles of any other species 
of major economic importance, the Fisheries 
Director may close such waters to shrimping and 
prohibit the use of nets for any purpose except 
cast nets as provided in 15A NCAC 3L .0102. 
Prominent landmarks or other permanent-type 
markers shall be considered when establishing 
closure lines even if such lines extend beyond the 
area of concern. 

(b) It is unlawful to take shrimp in violation 
of conditions specified by proclamation. 



Statutory Authority G.S. 
113-221; 143B-289A. 



113-134; 113-182; 



.0102 WEEKEND SHRIMPING PROHIBITED 

It is unlawful to take shrimp by any method 
between one hour after sunset on any Saturday 
and one hour before sunset on the following 
Sunday, except: 

(1) In the Atlantic Ocean; and 

(2) With the use of fixed and channel nets, 
hand seines, and cast nets. 

Statutory Authority G.S. 113-134; 113-182; 
113-221; 143B-289.4. 

.0103 PROHIBITED NETS AND MESH 
SIZES 



(1) 
(2) 



(3) 
(b) 



Trawl net - one and one-half inches; 
Fixed nets, channel nets, float nets, but- 
terfly nets, and hand seines - one and 
one-fourth inches; and 
Cast net - no restriction. 
It is unlawful to take shrimp with a net 
constructed in such a manner as to contain an 
inner or outer liner of any mesh size. Net mate- 
rial used as chafing gear shall be no less than four 
inches mesh length except that chafing gear with 
small mesh may be used only on the bottom 
one-half of the tailbag. Such chafing gear shall 
not be tied in a manner that forms an additional 
tailbag. 



Statutory Authority G.S. 
143B-289.4. 



113-134; 113-182; 



.0104 UNLAWFUL TO USE OR TAKE 

It is unlawful to: 

(1) Use channel nets except as provided in 15A 
NCAC 3J .0106. 

(2) Use shrimp pots except as provided in 15A 
NCAC 3J .0301. 

(3) Take or possess more than 100 shrimp per 
person per day while fishing in a closed area 
with a cast net. 

Statutory Authority G.S. 113-134; 113-182; 
I43B-289.4. 

SECTION .0200 - CRABS 

.0201 SIZE LIMIT AND CULLING 
TOLERANCE 

It is unlawful to possess hard crabs smaller than 
five inches from tip of spike to tip of spike except 
mature females and "peelers". Crabs shall be 
culled where harvested and all crabs less than le- 
gal size shall be immediately returned to the wa- 
ters from which taken. "Peelers" shall be 
separated from the entire catch before reaching 
shore or dock. Tolerance of not more than 15 
percent by number of any portion examined shall 
be allowed. In determining whether the propor- 
tion of undersize crabs exceeds the 15 percent 
tolerance limit, the Fisheries Director and his 
agents are authorized and empowered t.o grade 
all, or any portion, or any combination of por- 
tions of the entire quantity of crabs being graded, 
and may require seizure and return to the waters, 
or other disposition as authorized by law, of the 
entire quantity being graded, or of any portion 
thereof, if undersized crabs in excess of the toler- 
ance limit are found. 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



S3 



PROPOSED RULES 



Statutory Authority 
113-221; 143B-2S9.4. 



G.S. 113-134; 113-182; 



.0202 CRAB TRAWLING 

(a) It is unlawful to take or possess aboard a 
vessel crabs taken by trawl in internal waters ex- 
cept in areas and during such times as the Fish- 
eries Director may specify by proclamation. 

(b) It is unlawful to use any crab trawl with a 
mesh length less than three inches for taking hard 
crabs. 

(c) It is unlawful to use trawls with a mesh 
length less than two inches or with a corkline 
exceeding 25 feet in length for taking soft or 
"peeler" crabs. The minimum corkline length 
shall not apply in Dare County. 

(d) It is unlawful to take crabs with trawls be- 
tween one hour after sunset on any Saturday and 
one hour before sunset on the following Sunday, 
except in the Atlantic Ocean. 



Statutory Authority G.S. 
113-221; 143B-2S9.4. 



113-134; 113-182; 



.0203 CRAB DREDGING 

(a) It is unlawful to take crabs with dredges 
except: 

(1) From January 1 through March 1 in the 
area of Pamlico Sound described in 15A 
NCAC 3R .0009. 

(2) Crabs may be taken incidental to lawful 
oyster dredging operations provided the 
weight of the crabs shall not exceed: 

(A) 50 percent of the total weight of the 
combined oyster and crab catch; or 

(B) 500 pounds, whichever is less. 

(b) It is unlawful to take crabs with dredges 
between sunset and sunrise and between sunset 
on any Saturday and sunrise on the following 
Monday, except in the Atlantic Ocean. 



Statutory A uthority 
143B-289.4. 



G.S. 113-134; 113-182; 



.0204 CRAB POTS 

It is unlawful to take crabs with pots except as 
provided in 15A NCAC 3J .0301 and .0302. 

Statutory Authority G.S. 1/3-134; 113-182; 
143B-289.4. 

.0205 CRAB SPAWNING SANCTUARIES 

(a) It is unlawful to use a trawl net or take 
crabs with the use of commercial fishing equip- 
ment from the crab spawning sanctuaries de- 
scribed in 15A NCAC 3R .0010 from April 1 
through August 31. 



(b) From September 1 through March 31, the 
Fisheries Director may, by proclamation, close 
the crab spawning sanctuaries and may impose 
any or all of the following restrictions: 

(1) Specify number of days; 

(2) Specify areas; 

(3) Specify means and methods which may 
be employed in the taking; 

(4) Specify time period; 

(5) Limit the quantity. 

It is unlawful to violate the provisions of any 
proclamation issued under this authority. 



Statutory Authority 
113-221; 143B-289.4. 



G.S. 113-134; 113-182; 



SECTION .0300 - LOBSTER 

.0301 SIZE LIMIT 

It is unlawful to possess northern lobster with 
a carapace length less than the minimum speci- 
fied by proclamation. The Fisheries Director 
may, by proclamation, specify the minimum 
carapace length for northern lobster recom- 
mended by the Atlantic States Marine Fisheries 
Commission as the result of a duly adopted In- 
terstate Fisheries Management Plan, or adopted 
as a federal rule by the National Marine Fisheries 
Service as the result of a duly adopted Regional 
Fishery Management Plan prepared by the Fish- 
ery Management Councils. 



Statutory A uthority 
113-221; 1 43 B- 289. 4. 



G.S. 1/3-134; 113-182; 



.0302 ACTIVITIES PROHIBITED 

It is unlawful to: 

(1) Possess egg-bearing lobster or lobster from 
which the eggs have been scrubbed; 

(2) Land or possess aboard a vessel shucked 
northern lobster meat, detached tails, claws, 
or other parts unless accompanied by head 
sections for the purpose of determining legal 
size; and 

(3) Use or have aboard a vessel lobster traps 
unless such traps are equipped with escape 
vents of a size adequate to minimize re- 
tention of undersized lobsters. 

Statutoty Authority G.S. 113-134; 1/3-182; 
143B-289.4. 

SLBCIIAPTER 3M - EINFISII 

SECTION .0100 - FINFISH, GENERAL 

.0101 UNDERSIZED AND MUTILATED 
FINFISH 



84 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



(a) It is unlawful to fail to immediately return 
to the waters from which taken any finfish, re- 
gardless of condition, that would be illegal to 
possess because of size or harvest limit re- 
strictions. 

(b) It is unlawful to possess aboard a vessel or 
land any striped bass, red drum, spotted seatrout 
or flounder mutilated to the extent that accurate 
length measurements, number harvested, or spe- 
cies identification cannot be determined. 

Statutory Authority G.S. 113-134; 113-185; 
I43B-289.4. 

.0102 UNMARKETABLE FOOD OR SCRAP 
FISH 

(a) It is unlawful to land or dispose of finfish 
as trash or scrap fish if in violation of minimum 
size or possession limits established by rule or 
proclamation. 

(b) It is unlawful to land or dispose of finfish 
as trash or scrap fish taken in connection with 
legitimate commercial fishing operation which 
are unmarketable as individual food fish by rea- 
son of size, except that a quantity not exceeding 
5,000 pounds (50 boxes) or 40 percent of the to- 
tal catch by weight or volume, whichever is 
greater, per vessel or fishing operation per day 
may be: 

(1) Landed and sold to a licensed finfish 
dealer, a licensed fish dehydrating plant 
or licensed finfish processing plant, and 

(2) Purchased or accepted by a licensed finfish 
dealer, a licensed fish dehydrating plant 
or licensed finfish processor. 



Statutory A uthority 
1 43 B- 289. 4. 



G.S. 113-134; 113-/85; 



SECTION .0200 - STRIPED BASS 

.0201 GENERAL 

(a) Striped bass is defined as striped bass 
(Morone saxatilis) and its hybrids taken in coas- 
tal and joint waters. 

(b) Hook-and-line fishing equipment is not 
commercial fishing equipment in the striped bass 
fishery. It is unlawful to sell or purchase striped 
bass taken by hook-and-line. Striped bass taken 
legally with hook-and-line may be possessed and 
transported. 

(c) It is unlawful to possess striped bass im- 
ported from other states less than 14 inches long 
(total length). 

(d) It is unlawful to buy, sell, transport, or 
possess striped bass except: 



(1) During the open season in internal coastal 
waters established in 15A NCAC 3M 
.0202, or 

(2) During any open season established for the 
Atlantic Ocean in 15A NCAC 3M .0204. 



Statutory Authority G.S. 
143B-289.4. 



.0202 



113-134; 113-182 



SEASON: INTERNAL COASTAL 
WATERS 

The Fisheries Director may, by proclamation, 
impose any or all the following restrictions in 
addition to restrictions in 15A NCAC 3M .0203, 
on the taking of striped bass in internal coastal 
waters: 

(1) Specify season or seasons: 

(a) for hook-and-hne, 

(b) for commercial fishing equipment between 
October 1 and April 30. 

(2) Specify areas, 

(3) Specify quantity, 

(4) Specify means/methods, 

(5) Specify size, 

(6) Require submission of statistical and bi- 
ological data. 

This Rule will be effective until September 1, 
1992. 



Statutory Authority 
1/3-221'; 143B-289.4. 



G.S. 1/3-134; 113-181 



.0203 SIZE AND CREEL LIMIT: 

INTERNAL COASTAL WATERS 

(a) It is unlawful to possess striped bass har- 
vested from internal coastal waters less than 14 
inches long (total length). Fish that do not meet 
the minimum size limit shall immediately be re- 
turned to the waters from which taken regardless 
of condition. 

(b) It is unlawful for any person to possess 
more than three striped bass in any one day taken 
by hook-and-line from internal coastal waters. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0204 SEASON, SIZE AND HARVEST 
LIMIT: ATLANTIC OCEAN 

(a) It is unlawful for any person to possess 
striped bass taken in the Atlantic Ocean less than 
the size limit as determined by the Atlantic States 
Marine Fisheries Commission in their Interstate 
Fisheries .Management Plan for striped bass. 
The Fisheries Director shall issue proclamations 
necessary to bring North Carolina's size limit in 
compliance with the Interstate Fisheries Man- 
agement Plan. 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



85 



PROPOSED RULES 



(b) It is unlawful to buy, sell, transport, or 
possess striped bass from the Atlantic Ocean by 
any means except that the Fisheries Director may 
establish an open season at any time, and is fur- 
ther empowered to impose any or all of the fol- 
lowing restrictions: 

(1) Specify number of days, 

(2) Specify areas, 

(3) Specify means and methods which may 
be employed in the taking, 

(4) Specify time period, 

(5) Limit the quantity, both commercially and 
recreationally, and 

(6) Provide for biological sampling of fish 
harvested. 

Statutory Authority G.S. 113-134; 113-182; 
1 13-221'; 143B-289.4. 

.0205 PROHIBITED TRAWLING 

(a) It is unlawful to possess striped bass on a 
vessel with a trawl net on that vessel in internal 
coastal waters except during transit from ocean 
fishing grounds to port during any open season 
in the Atlantic Ocean established by proclama- 
tion. Striped bass so possessed must meet the 
minimum size limit set by proclamation. 

(b) It is unlawful to possess striped bass on a 
vessel in the Atlantic Ocean with a trawl net on 
that vessel except during any open season in the 
Atlantic Ocean established by proclamation. 



Statutory Authority 
143B-289.4. 



G.S. 113-134; 113-/82; 



.0206 HYBRID STRIPED BASS CULTURE 

Culture and sale of hybrid striped bass con- 
ducted in accordance with Rule 15A NCAC 10H 
Section .0700 of the North Carolina Wildlife 
Resources Commission shall be exempt from re- 
gulations of the North Carolina Marine Fisheries 
Commission concerning striped bass. 



Statutory Authority 
143B-289.4. 



G.S. 113-132: 1/3-/34; 



SECTION .0300 -SPANISH AND KING 
MACKEREL 

.0301 HARVEST LIMIT 

It is unlawful to possess aboard or land from a 
vessel, or combination of vessels that form a sin- 
gle operation, more than 3.500 pounds of Span- 
ish or King Mackerel, in the aggregate, in any 
one day. The Fisheries Director, may by proc- 
lamation, impose any or all of the following re- 
strictions on the taking of Spanish and or King 
Mackerel: 



(1) Specify areas. 

(2) Specify seasons. 

(3) Specify quantity. 

(4) Specify means, methods. 

(5) Specify size. 



Statutory Authority 
113-221: 143B- 289.4. 



G.S. 113-134; 113-182; 



.0302 PLRSE GILL NET PROHIBITED 

It is unlawful to have a purse gill net on board 
a vessel when taking or landing Spanish or King 
Mackerel. 



Statutory Authority 
I43B-289.4. 



G.S. 113-134; 113-182; 



(1) 
(2) 

(3) 

(4, 



SECTION .0400 - MENHADEN AND ATLANTIC 
THREAD HERRING 

.0401 SEASON AND AREAS 

(a) It is unlawful to take menhaden or Atlantic 
thread herring with a purse seine in violation of 
any of the following limitations: 

In the Atlantic Ocean within an area de- 
scribed in 15A NCAC 3R .0011. 
Between January 16 and May 14 in inter- 
nal waters and in the Atlantic Ocean 
within one mile of shore. 
Between January 16 and March 31 in Core 
Sound. 
In internal waters except in: 

(A) Pamlico Sound, 

(B) Pamlico River east of a line from 
Wades Point to Intracoastal Waterway 
Marker No. 1 at the mouth of Goose 
Creek, 

(C) Neuse River east of a line from Wil- 
kinson Point to Cherry Point, 

(D) Adams Creek, 

(E) Core Sound and its tributaries, 

(F) Back Sound, the Straits, and North 
River, 

(G) Newport River, 
(H) North River, 

(I) Newport River, and 
(J) Bogue Sound. 
(5) The Fisheries Director may, by procla- 
mation, open the Atlantic Ocean within 
one mile of shore and the internal waters 
specified in Subparagraph (4) of this Rule 
between April 1 and May 14. 
lb) Menhaden and Atlantic thread herring may 
be taken at any time with a purse seine from be- 
yond one mile of shore in the Atlantic Ocean and 
transported to port except as prohibited in 15A 
NCAC 3M .0403. 



86 



5:1 XORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



Statutory Authority G.S. 
1 13-221; I43B-289.4. 



113-134; 113-182; 



.0402 FOODFISH PROHIBITED 

It is unlawful to land from a vessel licensed for 
menhaden fishing foodfish in excess of one per- 
cent of the total amount of fish on board, or to 
land foodfish from any vessel taking fish with the 
aid of a purse seine. In determining whether the 
portion of foodfish exceeds one percent of the 
total fish on board, the Fisheries Director or his 
agents are authorized and empowered to grade 
any portion of the total catch on board. In se- 
lecting the size of the portion for the determi- 
nation of the amount of foodfish present, the 
portion shall be no less than an amount required 
to fill a standard five-gallon container for each 
100,000 fish on board. 



Statutory A uthority 
143B-289.4. 



G.S. 113-134; 113-182. 



.0403 FISHING ON WEEKENDS AND 
HOLIDAYS PROHIBITED 

(a) It is unlawful to take menhaden or Atlantic 
thread herring by use of a purse seine between 
sunset on any Friday and sunrise of the following 
Monday from the Friday of the Memorial Day- 
weekend through sunset on Labor Day each 
year. 

(b) It is unlawful to take menhaden or Atlantic 
thread herring by use of a purse seine between 
the hours of sunrise and sunset on the following 
official holidays: 

(1) Memorial Day; 

(2) Fourth of July, when the Fourth of July 
falls on any calendar day between sunrise 
Friday and sunset Monday; and 
labor Day. 



(3) 



Statutory . 
143B-289.4. 



iuthority G.S. 113-134; 113-182; 



.0404 FISH SPUE REPORTING MANDATORY 

When a fish spill occurs, the responsible men- 
haden fishing company shall: 

(1) Immediately notify the office of the Fish- 
eries Director of the North Carolina Divi- 
sion of Marine Fisheries of such spill; and 

(2) Report to the Fisheries Director of the 
North Carolina Division of Marine Fisheries 
in writing on the circumstances associated 
with each spill and costs of its clean-up. 



Statutory Authority 
143B-289.4. 



G.S. 113-/34: 113-182; 



SECTION .0500 - OTHER FINFISH 

.0501 RED DRUM 

(a) It is unlawful to take or possess more than 
two red drum exceeding 32 inches in length in 
any one day. 

(b) It is unlawful to possess red drum less than 
14 inches in length. 

(c) It is unlawful to remove red drum from any 
type of net with the aid of any boat hook, gaff, 
spear, gig, or similar device. 

(d) The Fisheries Director, may by proclama- 
tion, impose any or all of the following additional 
restrictions on the taking of red drum: 

(1) Specify areas. 
Specify seasons. 
Specify quantity. 
Specify means/methods. 
Specify size. 



(2) 
(3) 
(4) 
(5) 



Statutory Authority G.S. 113-134; 113-182; 
113-221; 143B-2S9A. 

.0502 MULLET 

The Fisheries Director may, by proclamation, 
impose any or all of the following restrictions on 
the taking of mullet: 



(1) 


Specify season, 


(2) 


Specify areas, 


(3) 


Specify quantity, 


(4) 


Specify means/methods 


(5) 


Specify size. 



Statutory Authority G.S. 1/3-134; 113-182; 
113-221; I43B-289.4. 

.0503 FLOUNDER 

(a) It is unlawful to possess flounder less than 
13 inches in length. 

(b) The Fisheries Director may, by proclama- 
tion, establish fishing gear specifications for 
trawls used within three nautical miles of the 
beach from October 1 through April 30 in order 
to protect small flounder. It is unlawful to vio- 
late the provisions of any proclamation issued 
under this authority. 

Statutory Authority G.S. 113-134; 113-182; 
113-221; 143B-2S9.4. 

.0504 SPOILED SEATRQUT 

It is unlawful to possess spotted seatrout 
(speckled trout) less than 12 inches in length. 

Statutory Authority G.S. 113-/34; 113-182; 
143B-2S9.4. 

.0505 SHARK 



5:7 NORTH CAROLINA REGISTER April 2, 1990 



87 



PROPOSED RULES 



The Fisheries Director may, by proclamation, 
until September 1, 1991, impose any or all of the 
following restrictions in the shark fishery: 

( 1 ) Specify size; 

(2) Specify seasons; 

(3) Specify quantity; 

(4) Specify means methods; and 

(5) Require submission of statistical and bi- 
ological data. 

Statutory Authority G.S. 113-134; 113-182; 
113-221'; 143B-289.4. 

.0506 SNAPPER-GROUPER 

The Fisheries Director may, by proclamation, 
until September 1, 1991, impose any or all of the 
following restrictions in the fisher)' for species of 
the snapper-grouper complex listed in the South 
Atlantic Fishery Management Council Fishery 
Management Plan for the Snapper-Grouper 
Fishery of the South Atlantic Region: 

( 1) Specify size; 

(2) Specify seasons; 

(3) Specify areas; 

(4) Specify quantity; 

(5) Specify means methods; and 

(6) Require submission of statistical and bi- 
ological data. 

Statutory Authority G.S. 113-134; 113-182; 
113-221'; 143B-2S9.4. 

.0507 HOOK-AND-LINE FISHING RESTRICTED 

The Fisheries Director may, by proclamation, 
establish size and harvest limit restrictions for the 
following species: 

( 1 ) Blue marlin; 

(2) White marlin; 

(3) Sailfish; 

(4) Cobia; 

(5) Dolphin; 

(6) Bluefish; 

(7) Spotted seatrout; and 

(8) Weakfish. 

It is unlawful to violate the provisions of any 
proclamation issued under the authority of this 
Rule. 

Statutory Authority G.S. 113-/34; 113-182; 
113-22/'; I43B-289.4. 

SUBCHAPTER 3N - NURSERY AREAS 

.0001 SCOPE AND PURPOSE 

To establish and protect those fragile estuarine 
areas which support juvenile populations of eco- 
nomically important seafood species, these Rules 
will set forth permanent nursery areas in all 



coastal fishing waters as defined through exten- 
sive estuarine survey sampling conducted by 
Marine Fisheries personnel of the Operations 
Section. Nursery areas are necessary for the early 
growth and development of virtually all of North 
Carolina's important seafood species. Nursery 
areas need to be maintained, as much as possible, 
in their natural state, and the populations within 
them must be permitted to develop in a normal 
manner with as little interference from man as 
possible. In order to protect the integrity and 
resources of nursery areas, it is necessary to pro- 
hibit the use of bottom-disturbing gears and se- 
verely restrict or prohibit excavation and. 'or 
fillinc activities. 



Statutory Authority G.S. 
143B-2S9.4. 



113-134; 113-182; 



.0002 NURSERY AREAS DEFINED 

Nursery areas are defined as those areas in 
which for reasons such as food, cover, bottom 
type, salinity, temperature and other factors, 
young finfish and crustaceans spend the major 
portion of their initial growing season: 

( 1 ) Primary nursery areas are those areas in the 
estuarine system where initial post-larval 
development takes place. These areas are 
usually located in the uppermost sections of 
a system where populations are uniformly 
very early juveniles. 

(2) Secondary nursery areas are those areas in 
the estuarine system where later juvenile de- 
velopment takes place. Populations are 
usually composed of developing sub-adults 
of similar size which have migrated from an 
upstream primary nursery area to the sec- 
ondary nursery area located in the middle 
portion of the estuarine system. 

Statutory Authority G.S. 113-134; 113-182; 
I43B-289.4. 

.0003 MAPS AND MARKING 

(a) Maps or charts showing all primary and 
secondary nursery areas are available for in- 
spection at the Division of Marine Fisheries' Of- 
fice, Morehead City. 

(b) The Division of Marine Fisheries will mark 
the downstream boundary of each primary and 
secondary nursery area with signs insofar as may 
be practicable. No unauthorized removal or re- 
location of any such marker or sign shall have the 
effect of changing the classification of any body 
of water or portion thereof, nor shall any such 
unauthorized removal or relocation or the ab- 
sence of any marker or sign affect the applicabil- 
ity of any rule pertaining to any such body of 



ss 



5:1 yORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



water or portion thereof. Where there is conflict 
between markers and charts, charts shall prevail. 



Statutory Authority G.S. 113-134; 
143B-289.4. 



113-182; 



.0004 PROHIBITED GEAR, PRIMARY 
NURSERY AREAS 

It is unlawful to use any trawl net, long haul 
seine, swipe net, dredge or mechanical methods 
for clams or oysters, for the purpose of taking 
any marine fishes in any of the primary nursery 
areas described in 15A NCAC 3R .0003. 



Statutory Authority G.S. 
143B-289.4. 



113-134; 113-182; 



.0005 PROHIBITED GEAR, SECONDARY 
NURSERY AREAS 

(a) It is unlawful to use trawl nets for any 
purpose in any of the permanent secondary nur- 
sery areas described in 15A NCAC 3R .0004. 

(b) It is unlawful to use trawl nets for any 
purpose in any of the special secondary nursery 
areas described in 15A NCAC 3P .0005, except 
that the fisheries Director, may, by proclama- 
tion, open any or all of the special secondary 
nursery areas, or any portion thereof, listed in 
15A NCAC 3R .0005 to shrimp or crab trawling 
from August 16 through May 14 subject to the 
provisions of ISA NCAC 3L .0100 and .0200. 

(c) Areas described m 15A NCAC 3R .0004 
and .0005 generally pertain to those areas located 
between the described line and the primary nurs- 
ery area lines or Inland-Coastal boundary lines 
where applicable. 

Statutory Authority G.S. 113-134; 113-182; 
113-221'; 143B-289.4. 

SUBCHAPTER 30 - LICENSES, LEASES, AND 
FRANCHISES 

SECTION .0100 - LICENSES 

.0101 LICENSE AGENTS 

(a) The total number of license agents in the 
counties which contain or border on coastal 
fishing waters shall not exceed 43. The license 
agents authorized for each county as of October 
1, 1983, shall be allowed to renew their agency 
authorization subject to the terms of this Regu- 
lation. The desired number of license agents for 
coastal fishing waters counties is three agents for 
Carteret, Dare, New Hanover and Onslow 
counties; two agents for Beaufort, Brunswick and 
Craven counties; and one agent for the remaining 
counties. 



(b) In the selection of licenses agents, the Sec- 
retary shall consider the following requirements; 

(1) Willingness to attend annual training 
seminars conducted at the Division field 
offices; 

(2) Demonstrated ability, either through past 
performance or through present capabili- 
ties, to maintain an accurate accounting 
of licenses and funds received from the 
sale of licenses; and 

(3) That no two license agents be located 
within a 10 mile radius. 

(c) License agents appointed after October 1, 
1983 shall receive a temporary appointment for 
a six month period. The Secretary shall review 
the appointment and determine whether the ap- 
pointment should continue on the same terms 
applicable to other license agents. 

(d) It is unlawful for a Division appointed li- 
cense agent or any other person who is acting in 
such agent's behalf to: 

(1) withhold or misappropriate funds from the 
sale of licenses; 

(2) falsify records of licenses sold; 

(3) willfully and knowingly assist or allow a 
person to obtain a license for w hieh he is 
ineligible; 

(4) willfully issue a backdated license; 

(5) willfully on records or licenses to include 
false information or omit material infor- 
mation as to: 

(A) a person's entitlement to a particular 
license; or 

(B) the applicability or term of a particular 
license; 

(6) refuse to return all consigned licenses, or 
to remit the net value of consigned li- 
censes sold or unaccounted for upon de- 
mand from an authorized employee of the 
Division. 

(e) The Secretary may temporarily suspend, 
revoke, or refuse to renew a person's appoint- 
ment as a license agent if he or his employees fail 
in a timely manner to submit required reports, 
remit monies due the Division, or otherwise 
comply with qualifications and standards set by 
the Division of Marine Fisheries. Any appeal 
of the Secretary's decision to temporarily sus- 
pend, revoke or refuse to renew an appointment 
of a license agent shall be conducted pursuant to 
the process set out in 15A NCAC 3N .0302. 

Statutory Authority G.S. 113-134; 113-151.1; 
143B-289.4. 

.0102 PROCEDURE TO PI RCHASE LICENSE 

(a) It is unlawful to command a nonresident 
vessel engaged in commercial fishing operations 



5:7 NORTH CAROLINA REGISTER April 2, 1990 



89 



PROPOSED RULES 



without the state that results in landing and off- 
loading fish in North Carolina to fail to obtain a 
nonresident vessel license prior to offloading such 
fish unless exempted bv provisions of G.S. 113- 
153. 

(b) Buy-boats, run boats, or any other vessels 
used in connection with commercial fishing op- 
erations, except vessels without motors used in 
connection with other licensed vessels and purse 
boats used in connection with menhaden mother 
ships, are required to meet the vessel license re- 
quirements of G.S. 113-152. 

(c) Licenses for residents, and non-resident 
vessels fishing outside North Carolina s territorial 
waters but landing and offloading in North Ca- 
rolina, may be obtained by contacting the Divi- 
sion of Marine Fisheries, P.O. Box 769, 
Morehead City, NC 28557-0769 or one of it's 
License agents located in each coastal county and 
in several inland counties. 

(d) Licenses for fish spotter planes, menhaden 
fishing, non-resident vessels fishing in the coastal 
waters of North Carolina, and licensing by mail 
will be handled onlv bv the Division of Marine 
fisheries, P.O. Box 760, Morehead City, NC 
28557-0769. 

(e) For non-resident vessels fishing in the 
coastal waters of North Carolina, there is a pe- 
riod of 45 days following receipt of a completed 
license application with fees during which it will 
be determined if the applicant is eligible for a Li- 
cense based on standards in G.S. 113-166. Li- 
cense fees are not refundable if the license is 
denied. 

(f) To obtain a commercial fishing vessel li- 
cense, the following information is required: 

( 1 ) Owner's full name, address, and date of 
birth; 

(2) Vessel information, including overalL 
length, port of landing, number in crew, 
and other pertinent information listed in 
vessel ownership documents; 

(3) Statistical information such as type and 
size of equipment used in commercial 
fishing activities; and 

|4) Other miscellaneous information as may 
be required. 

(g) Any vessel with length involving inches 
shall be rounded off to the nearest foot. Less 
than six inches will be dropped off; six inches or 
more will be raised to the next foot. 

Statutory Authority G.S. 113-152; 113-153; 
143B-2S9.4. 

.0103 DEALER LICENSES: 1)1.1 IM RONS 

The following definitions shall apply: 



(1) Shucker-packer (oyster, scallop or clam) - 
shucking and packing and offering for gen- 
eral market distribution; 

(2) Shell stock shipper - all other oyster, scal- 
lop or clam dealer activities not defined in 
shucker-packer; 

(3) Crab processor - cooking, picking and 
preparing hard crab meat and offering for 
general market distribution; 

(4) Lnproccssed crab - all other crab dealer 
activities not defined in crab processor; 

(5) Shrimp processor - peeling, deveining 
and or breading and offering for general 
market distribution; 

(6) Lnproccssed shrimp - all other shrimp 
dealer activities not defined in shrimp pro- 
cessor; 

(7) Finfish processor - finfish processed 
through the stages of heading, gutting, fillet- 
ting (or similar stage), canning, deboning, 
and or grinding, and offered for general 
wholesale market distribution; 

(8) Lnproccssed finfish - all other finfish dealer 
activities not defined in finfish processor; 

(9) Processor will include dehydrating for the 
species for which a processor license has 
been secured. Dehydration of any species 
for which a processor License has not been 
secured will be contained in unprocessed 
finfish; 

(10) .Any person subject to fish dealer licensing 
requirements who deals in fish not included 
in the categories of this Rule must secure the 
appropriate finfish dealer license. 

Statuton Authority G.S. 113-151; 113-156; 
I43B-2S9.4. 

.0104 SHIPPING AND TRANSPORTING 
SEAFOOD 

(a) It is unlawful to transport seafood without 
having ready at hand for inspection a bill of 
consignment (bill of lading) provided by the 
shipping dealer showing thereon the name of the 
consignee, name of the shipper, the date ot the 
shipment, and the quantity of each product 
shipped. In the event the fisherman taking the 
seafood is also a dealer and ships from the point 
of landing, all records of bills of consignment 
shall be recorded at the point of landing. 

(b) It is unlawful to ship seafood without at- 
taching to each box. bag. or other such container 
a tag identifying the shipper, the date shipped, 
and the seafood and quantity within such con- 
tainer, except that shellfish meeting the labelling 
requirements of the Division of Environmental 
Health are exempt from this requirement. 



90 



5:1 XORTfl CAROLINA REG ESTER April 2, 1990 



PROPOSED RULES 



(c) Fishermen who transport their catch to 
dealers are not required to abide by this Rule. 

Statutory Authority G.S. 113-134; 113-182; 
I43B-2S9.4. 

.0105 BAIT DEALERS 

Persons dealing in minnows, live shrimp, or 
both minnows arid live shrimp for bait purposes, 
who are subject to licensing requirements under 
G.S. 113-156 are required to purchase only the 
license applicable to finfish dealers. A bona fide 
dealer in shrimp, licensed under the provisions 
of G.S. 1 13-156, may, however, deal in minnows 
as well as live shrimp for bait purposes, as an 
incident of his operations under his shrimp deal- 
er's license. 

Statutory Authority G.S. 113-134; 113-151; 
113-156; 143B-289.4. 

.0106 RETAIL SALE OF FISH 

It is unlawful to offer for sale fish purchased 
from a licensed dealer without having ready at 
hand a receipt or bill of purchase to verify the 
purchase of said fish. 

Statutory Authority G.S. 113-/34; 113-156; 
143B-289.4. 

.0107 DISPLAY OF LICENSE 

(a) /Any vessel required to be licensed under the 
provisions of G.S. 113-152 shall carry a current 
license decal mounted on an exterior surface or 
in the rigging so as to be plainly visible at all 
times when anyone is approaching the vessel 
from its port side. The display of any license 
decal other than the decal issued for the vessel 
displaying it is prohibited. 

(b) The person in charge of a vessel must have 
ready at hand for inspection the current license 
receipt for the vessel concerned. 

(c) It is unlawful to fail to display any dealer's 
licenses required by G.S. 1 13-156 and ocean pier 
license required by G.S. 113-156.1 in prominent 
public view in each location subject to licensing. 

Statutoiy Authority G.S. 113-134; 113-152; 
I43B-289.4. 

.0108 LOST LICENSE REPLACEMENT 

(a) Lost vessel license decals may be replaced 
upon payment of a fee of fifty cents ($0.50) and 
submission of evidence to the Division of Marine 
Fisheries that a current license for the vessel in 
question has been purchased. 



(b) Lost Dealer's, Ocean Pier, and Shellfish 
Licenses may be replaced upon submission of 
evidence to the Division of Marine Fisheries that 
a current license has been purchased. 



Statutory Authority G.S. 
143B-289.4. 



113-134; 113-152; 



.0109 SURRENDER OF LICENSES 

It is unlawful for any licensee to refuse to sur- 
render to an agent of the Secretary all license 
certificates, license receipts, license decals, and 
other forms and records relating to the license 
following personal service of notice of suspension 
or revocation of licenses in accordance with G.S. 
113- 166(d). It is unlawful for any person in 
custody or possession of any such certificate, re- 
ceipt, decal, form, or record required to be sur- 
rendered to refuse to surrender same to an agent 
of the Secretary making such demand. 



Statutory Authority G.S. 
1 43 B- 289. 4. 



1/3-134; 1/3-/66; 



SECTION .0200 - LEASES AND FRANCHISES 

.0201 STANDARDS FOR SHELLFISH 
LEASE AREAS 

(a) All areas of the public bottoms underlying 
coastal fishing waters must meet the following 
standards in addition to the standards in G.S. 
113-202 in order to be deemed suitable for leas- 
ing: 

(1) The lease area must not contain a natural 
shellfish bed which is defined as ten 
bushels or more of shellfish per acre. 

(2) The lease area must not be closer than 100 
feet to a developed shoreline. In an area 
bordered by undeveloped shoreline, no 
minimum setback is required. When the 
area to be leased borders the applicant's 
property or borders the property of ripa- 
rian owners who have consented in a no- 
tarized statement, the Commission may 
reduce the distance from shore required 
by this Rule. 

(3) Unless the applicant can affirmatively es- 
tablish a necessity for greater acreage 
through the management plan that is at- 
tached to the application and other evi- 
dence submitted to the Commission, the 
lease area shall not be less than one acre 
and shall not exceed: 

(A) 10 acres for oyster culture; 

(B) 5 acres for clam culture; or 

(C) 5 acres for any other species. 

This Section shall not be applied to re- 
duce any holdings as of July 1, 1983. 



5:1 NORTH CAROLINA REGISTER April 2,1990 



91 



PROPOSED RULES 



(b) Leased areas must produce 25 bushels of 
shellfish per acre per year to meet the minimum 
commercial production requirement. 

Statutory Authority G.S. 113-134; 113-201; 
113-202; I43B-2S9A. 

.0202 SHELLFISH LEASE APPLICATIONS 

(a) Any person desiring to apply for a lease 
must make written application to the Division 
by completing the Application for Lease of 
Shellfish Bottom Form. The forms are available 
from the Division of Marine fisheries, P.O. Box 
769, Morehead City, North Carolina 28557-0769. 

(b) Lach application must be accompanied by 
a map or diagram. The map or diagram will be 
prepared at the applicant's expense and must 
meet the following standards: 

( 1 ) A scaled diagram or sketch on ordinary 
8-12 x 14 inch paper, which shows a 
properly oriented north arrow; 

(2) The diagram or sketch shall clearly show 
the boundaries of the proposed leasehold 
and the relationship between the bounda- 
ries and each of the following items: 

(A) physical features such as shoreline, 
navigation markers, piers, etc.; 

(B) geographic features such as bays, 
sounds, creeks, points, islands, etc.; and 

(C) existing oyster and clam or shellfish 
leases in the area identified with the own- 
er's name and lease number; 

(3) A title block labeled "SHELLFISH 
LEASE APPLICATION MAP" that 
contains: 

(A) the applicant's name, address and tele- 
phone number: 

(B) the name of the body of water wherein 
the proposed leasehold is sited: and 

(C) the county, date of the map, scale of the 
map. and the estimated lease acreage; and 

(4) An inset vicinity map which shows the 
location of the proposed lease with suffi- 
cient detail to allow ready, on-site iden- 
tification and location of the area by 
investigating biologists and members of 
the public. 

(c) The application and map or diagram must 
be returned to the above address accompanied 
by a filing fee of one hundred dollars ($100.00). 

(d) As a part of the application, the applicant 
must submit a management plan for the area to 
be leased on a form provided by the Division 
which meets the following standards: 

( 1 ) States the methods through which the ap- 
plicant will cultivate and produce shellfish 
consistent with the minimum requirement 
in 15A NCAC 30 .0302(b); 



(2) States the time intervals during which 
various phases of the cultivation and pro- 
duction plan will be achieved; 

(3) States the materials and techniques that 
will be utilized in management of the 
lease; and 

(4) Forecasts the results expected to be 
achieved by the management activities; 

(e) Immediately after the application is ac- 
cepted by the Division, the applicant must mark 
the area of public bottom for which a lease is re- 
quested. The area shall be marked at each corner 
with stakes in accordance with the provision of 
15A NCAC 30 .0204(a)(1). The applicant shall 
firmly attach to each stake a sign provided by the 
Division. The applicant shall place in the ap- 
propriate spaces the name of the applicant, the 
date the application was filed and the estimated 
acres. 

(f) Application processing will begin when an 
application that is apparently complete is ac- 
cepted by the Division. An incomplete or defi- 
cient application will be returned to the applicant 
and will not be considered until it is re-submitted 
and determined by the Division to be complete 
and sufficient. 

Statutory Authority G.S. 113-134; 113-201; 
113-202; 143B-2S9.4. 

.0203 SHELLFISH LEASE APPLICATION 
PROCESSING 

(a) Upon acceptance of a completed applica- 
tion, the proposed lease area will be inspected 
within a reasonable time by agents of the Divi- 
sion. If the agents of the Division determine that 
the area proposed to be leased is inconsistent 
with the standards in G.S. 113-202 (a) and 15A 
NCAC 30 .0201, the Division shall notify the 
applicant who may then amend the application 
to exclude the inconsistencies. If the boundaries 
of the proposed leasehold are modified, the stakes 
shall be moved accordingly by the applicant. 

(b) If the initial or amended lease application 
is deemed consistent with all applicable require- 
ments, the Secretary or his designee shall notify 
the applicant via first class mail and shall publish 
at least two notices of intention to lease in a 
newspaper of general circulation in the county 
or counties in which the proposed leasehold lies. 
The first publication must precede by more than 
20 days the meeting of the Marine Fisheries 
Commission at which the granting of the lease 
or renewal of the lease is to be considered; the 
second publication must follow the first by 7 to 
1 1 days. The notice of intention will include: 

( 1 ) A description of the area: 



92 



5:1 \ORTH C A ROLLS' A REGISTER April 2, 1990 



PROPOSED RULES 



(2) The date and location of the Commission 
meeting at which the lease will be consid- 
ered, and 

(3) A statement of the Division's determi- 
nation regarding consistency with the ap- 
plicable requirements. 

(c) When an applicant has been notified under 
(a) of this Rule that the Division considers the 
application inconsistent with applicable stand- 
ards and the applicant does not amend the ap- 
plication to make it consistent, the Division shall 
recommend to the Commission that the applica- 
tion be denied or that a conditional lease be is- 
sued which is consistent with the applicable 
standards. After receipt of an applicant's re- 
sponse to a notice of inconsistency, stating that 
no amendment of the application will be made, 
the Division shall publish at least two notices of 
the request for a lease in accordance with (b) of 
this Rule. 

(d) 1 he Marine Fisheries Commission shall 
consider the lease application, the Division's de- 
termination, and any public comments and may 
in its discretion lease or decline to lease the area 
of public bottom, or any part of the area, in ac- 
cordance with its duty to conserve the marine 
and estuarine resources of the state. The Com- 
mission may impose special conditions on leases 
so that leases may be issued which would other- 
wise be denied. Should an applicant decide not 
to accept any special condition imposed on the 
lease by the Commission, the application shall 
be considered denied. The applicant will be no- 
tified of any action within a reasonable time. 

(e) Upon approval of the lease by the Com- 
mission, the applicant shall define the bounds of 
the area approved for leasing with markers in 
accordance with 1 5A NCAC 30 .0204 and shall 
within 90 days, submit to the Division a survey 
of the area approved for leasing. The survey will 
be made at the applicant's expense and must 
meet the following standards: 

(1) The survev and map shall meet all the re- 
quirement's of 21 NCAC 56 .1600, Stand- 
ards of Practice for Land Surveying in 
North Carolina. 

(2) The map shall bear the certificate: 

"I certify 

that this map was (drawn by me) (drawn 
under my supervision) from (an actual 
survey made by me) (an actual survey 
made under my supervision): that the er- 
ror of closure as calculated by latitudes 

and departures is 1: . 

Witness my hand and seal this 
dav of AD 



Surveyor or Hngineer 
(3) The phrase "other appropriate natural 
monuments or landmarks" in 21 NCAC 
56 .1604(e)(9) shall include bridges, roads 
and highways; publicly maintained aids to 
navigations; houses and other permanent 
buildings radio, telephone, TV, and water 
towers; and docks; piers, and bulkheads; 
but does not include stakes marking the 
boundaries of adjoining leases, points of 
marsh, junctions of streams, or other 
landmarks which are particularly subject 
to change through natural processes, 
storms, or the effect of man. 

(f) After the Division has deemed a survey ac- 
ceptable, the applicant shall pay all fees and rents 
due in advance. The Secretary shall then execute 
the lease on forms approved by the Attorney 
General . 

(g) If the applicant and the Division are unable 
to agree that the area approved for lease is that 
shown in the survey, the Division shall report the 
matter with reasonable dispatch to the Marine 
Fisheries Commission for resolution. 

(h) Until a lease has been executed by the 
Secretary, the area proposed for leasing remains 
public bottom and any member of the public 
may harvest the shellfish found growing within 
the area in a manner consistent with all other 
rules that are applicable to the harvest of shellf- 
ish. 

Statutory Authority G.S. 113-134; 113-182; 
1 13-201'; 113-202; 143B-2S9.4. 

.0204 MARKING SHELLFISH LEASES AND 
FRANCHISES 

(a) All shellfish leases and franchises shall be 
marked by: 

(1) Stakes at least three inches in diameter at 
the water level and extending at least four 
feet above the high water mark. The 
stakes shall be firmly jetted or driven into 
the bottom at each corner. 

(2) Signs displaying the number of the lease 
or franchise and the name of the owner 
printed in letters at least three inches high 
must be firmly attached to each corner 
stake. 

(3) Supplementary stakes, not farther apart 
than 50 yards or closer together than 50 
feet and extending at least four feet above 
the high water mark, must be placed along 
each boundary, except when such would 
interfere with the use of traditional navi- 
gation channels. 



5:1 SORTH CAROLINA REGISTER April 2, 1990 



93 



PROPOSED RULES 



(b) Stakes marking areas of management within 
leases or franchises, as approved in the manage- 
ment plan, must conform to Subparagraph (a)(3) 
of this Rule and may not exceed one for each 
1,200 square feet. Marking at concentrations of 
stakes greater than one for each 1 ,200 square feet 
constitutes use of the water column and a water 
column lease is required in accordance with G.S. 
113-202.1. 

(c) All areas claimed in filings made pursuant 
to G.S. 1 13-205 as deeded bottoms through oy- 
ster grants issued by the county clerk of court or 
as private bottoms through perpetual franchises 
issued by the Shellfish Commission shall be 
marked in accordance with (a) of this Rule, ex- 
cept the sign shall include the number of the 
grant or deed rather than the number of the lease. 
However, claimed areas not being managed and 
cultivated shall not be marked. 

(d) It is unlawful to fail to remove all stakes, 
signs, and markers within 30 days of receipt of 
notice from the Secretary pursuant to Depart- 
mental Rule I5A NCAC 1H .0207 that the G.S. 
113-205 claim to the marked area has been de- 
nied. 

(e) The Division has no duty to protect any 
shellfish lease or franchise not marked in accord- 
ance with Paragraph (a) of this Rule. 

Statutory Authority G.S. 76-40; 113-134; 113- 
182; 113-201; 113-202; 113-202.1; 113-205; 
143B-289.4. 

.0205 RENEWAL 

(a) bach lessee shall receive renewal applica- 
tions from the Division in January of the year in 
which the lease is to expire. Application for re- 
newal should be made before April 1 . 

(h) bach renewal application shall be accom- 
panied b\ a management plan that meets the re- 
quirements of 15A NCAC 30 .0202 (d) and a 
map or diagram that meets the requirements of 
15A NCAC 30 .0202(b). 

(c) The renewal application and management 
plan must be returned to the Division address 
given in 15A NCAC 30 .0202 (a) accompanied 
by a filing fee of fifty dollars ($50.00). 

(d) When the Division determines that the area 
shown in the map or diagram is inconsistent with 
the area leased to the renewal applicant, the Di- 
vision shall request that the Marine Fisheries 
Commission require the area be surveyed prior 
to renewal of the lease at the applicant's expense. 

(e) When the Secretary determines, after due 
notice to the lessee, and after opportunity for the 
lessee to be heard, that the lessee has not com- 
plied with the requirements of this Section or 
that the lease as issued is inconsistent with this 



Section, the Secretary may decline to renew, at 
the end of the current terms, any oyster or clam 
bottom lease. 

(f) The lessee may appeal the denial of the 
Secretary to renew a lease to the Marine Fisheries 
Commission pursuant to G.S. 113-202(p). 

(g) If the Secretary declines to renew a lease 
that has been determined to be inconsistent with 
the standards of this Section, the Secretary, with 
the agreement of the lessee, may issue a renewal 
lease for all or part of the area previously leased 
to the lessee that contains conditions necessary 
to conform the renewal lease to the minimum 
requirements of this Section for new leases. 

Statutory Authority G.S. 113-134; 1/3-201; 
113-202: 143B-2S9.4. 

.0206 F'ROTEST 

(a) Should any object to the granting of any 
initial or renewal lease, he has the right to protest 
its issuance prior to the granting of the lease by 
the Commission. 

(b) The protestant may file a sworn statement 
of protest with the Division stating the grounds 
for protest. 

(c) The Secretary will notify both the prospec- 
tive lessee and the protestant upon receipt of a 
protest, and will conduct such investigation as 
he deems necessary, and will notify both parties 
of the outcome of his investigation. 

(d) .Any member of the public shall be allowed 
an opportunity to comment on any lease appli- 
cation during the public hearing at which the 
lease application is being considered by the 
Commission. 

Statutory Authority G.S. 113-134; 113-201; 
1/3-202: 143B-289.4. 

.0207 PRODI CTION REPORTS 

(a) The owner of each shellfish lease or fran- 
chise must file with the Division an annual pro- 
duction report showing the amounts ol material 
planted and harvested in connection with man- 
agement for commercial production. Reporting 
forms will be provided to owners of leases and 
franchises by the Division during the period an- 
nual notices of rent due are provided to lessees 
in accordance with G.S. I13-202(j). 

(b) failure to furnish the required production 
report, correct and in detail requested, or filing a 
report containing false information, can consti- 
tute grounds for tennination. 

Statutory Authority G.S. 1/3-/34: 1/3-182; 
113-20/': 113-202; 143B-289.4. 



"J 



5:1 SORTH CAROLISA REGISTER April 



1990 



PROPOSED RULES 



.0208 CANCELLATION 

(a) In addition to the grounds established by 
G.S. 113-202, the Secretary will begin action to 
terminate leases for failure to produce and market 
at least 25 bushels of oysters and/or clams per 
acre per year, averaged over the most recent 
three-year period after January 1 following the 
second anniversary of an initial lease and 
throughout the term of a renewal lease. 

(b) Action to terminate a shellfish franchise 
shall begin when there is reason to believe that 
the patentee, or those claiming under him, have 
done or omitted an act in violation of the terms 
and conditions on which the letters patent were 
granted, or have by any other means forfeited the 
interest acquired under the same. The Division 
shall investigate all such rights issued in perpetu- 
ity to determine whether the Secretary should 
request that the Attorney General initiate an ac- 
tion pursuant to G.S. 146-63 to vacate or annul 
the letters patent granted by the state. 

(c) In the event action to terminate a lease or 
franchise is begun, the owner shall be notified by 
registered mail and given a period of 30 days in 
which to correct the situation. Petitions to re- 
view the Secretary's decision must be filed with 
the Office of Administrative I Iearings consistent 
with the provisions of 26 NCAC Chapter 3. The 
owner may appeal the Secretary's decision to 
terminate to the Marine Fisheries Commission 
as set out in G.S. 113-202(p). 

Statutory Authority G.S. 113-134; 113-201; 
113-202; 143B-289.4. 

.0209 TRANSFER OF INTEREST 

(a) Within 30 days after transfer of ownership 
of all or any portion of interest in a shellfish lease 
or franchise, the new owner shall notify the Di- 
vision, at the address given in 15A NCAC 30 
.0202 (a), and provide the number of the lease 
or franchise and the county in which it is located. 
Such notification shall be accompanied by a 
management plan prepared by the new owner in 
accordance with the standards in 15A NCAC 30 
.0202(d). 

(b) If the new owner obtains a portion of an 
existing lease or franchise, it shall not contain less 
than one acre and the required notification to the 
Division shall be accompanied by a survey pre- 
pared in accordance with the standards in 15A 
NCAC 30 .0203 (e). 

(c) In the event the transferee involved in a 
lease is a nonresident, the Secretary' must initiate 
termination proceedings. 

Statutory Authority G.S. 113-134; 113-/82; 
1/3-201'; 113-202; 113-205; I43B-2S9.4. 



.0210 SHELLFISH FRANCHISES 

(a) The resolution of claims filed under G.S. 
113-205 are governed by standards in Depart- 
mental Rules 15A NCAC III .0200 and .0300. 
For a claim that has been recognized as a valid 
shellfish franchise, the owner shall provide to the 
Division within 90 days: 

(1) A survey prepared in accordance with the 
standards in 15A NCAC 30 .0203(e), and 

(2) A management plan prepared in accord- 
ance with the standards in 15A NCAC 30 
.0202(d). 

(b) Acceptable management plans shall be 
provided at ten-year intervals following accept- 
ance of a mangement plan submitted in accord- 
ance with Subparagraph (a)(2) of this Rule. 

(c) The survey and management plan require- 
ments in Paragraphs (a) and (b) of this Rule, and 
all other requirements and conditions of this 
Section affecting management of franchises, shall 
apply to all valid shellfish franchises recognized 
prior to September 1, 1989. 

(d) Commercial production requirements for 
franchises shall be identical to that required for 
leases in 15A NCAC 30 .0201(b) averaged over 
the most recent three-year period after January 1 
following the second anniversary of the dates of 
recognition of claims as valid shellfish franchises 
and continuing throughout the term of manage- 
ment plans required in Paragraph (b) of this 
Rule. Annual reporting of commercial pro- 
duction shall be submitted upon receipt of forms 
provided by the Division for that purpose. 



Statutory Authority G.S. 113-/34; 
1/3-202; 113-205; I43B-289.4. 



113-201; 



SUBCHAPTER 3P - HEARING PROCEDURES 

.0001 LICENSE/PERMIT DENIAL: 

INFORMAL HEARING PROCEDURES 

(a) If the Division decides to deny or limit a 
renewal of a license or permit for an activity of a 
continuing nature, the license sought to be re- 
newed will continue in effect as provided in G.S. 
150B-3. 

(b) Except in cases where G.S. 113-166 is ap- 
plicable, before the Division may commence 
proceedings for suspension, revocation, annul- 
ment, withdrawal, recall, cancellation, or amend- 
ment of a license or permit, notice will be given 
to the license or permit holder notifying him that: 

(1) He may request an opportunity to show 
compliance with all lawful requirements 
for retention of the license in an informal 
meeting with Division personnel respon- 



se NORTH CAROLINA REGISTER April 2, 1990 



95 



PROPOSED RULES 



sible for the initiation of the action to re- 
voke the license: and 
(2) He has a right through filing a request for 
a contested case hearing in the Office of 
Administrative Hearings to an adminis- 
trative law judge and a final agency deci- 
sion by the Marine Fisheries Commission, 
(c) Any requests for an informal meeting or 
administrative hearing shall be made to the per- 
son designated in the notice. 

id i The Division may order summary suspen- 
sion of a license or permit if it finds that the 
public health, safety, or welfare requires emer- 
gency action. Upon such determination the 
fisheries Director will issue an order giving the 
reasons for the emergency action. The effective 
date of the order shall be the date specified on the 
order or the date of service of a certified copy of 
the order at the last known address of the license 
or permit holder whichever is later. 

( e } When a license is summarily suspended and 
a request is made for an informal meeting or a 
hearing, the proceeding shall be promptly com- 
menced and determined. 

Statutory Authority G.S. 113-134; 113-151; 

113-166: 1 50B- 23. 

.0002 CONTESTF.D CASE HEARING 
PROCEDURES 

(a) Administrative hearings shall be held in ac- 
cordance with G.S. 150B. and the administrative 
hearing procedures codified at 1 5A NC AC 1 B 
.0200 et seq.. are hereby adopted by reference 
pursuant to G.S. 150B- 14(c). 

(b) Copies of 15A NCAC IB .0200 may be 
inspected in the offices of the Division of Marine 
fisheries. 3411 Arendell Street, Morehead City. 
North Carolrna 2S557. Copies may also be in- 
spected in the Division of Planning and Assess- 
ment. 512 North Salisbury Street. Sth Floor, 
Archdale Building. Raleigh. North Carolina 
2761 1. Copies may be obtained at the previous 
locations or from the Rules Division of the N.C. 
Office of Administrative Hearings. 

Statutory Authority G.S. 113-134: 143B-289.4. 

SUBCHAPTER 3Q -JURISDICTION OF 
AGENCIES: CLASSIFICATION OF WATERS 

SECTION .0100 - GENERAL REGl LATIONS: 
JOINT 

.0101 SCOPE AND PURPOSE 

The following rules pertain to the classification 
of the waters of North Carolina as coastal fishing 
waters, inland fishing waters and joint fishing 
waters. These rules are adopted jointly by the 



Marine Fisheries Commission and the Wildlife 
Resources Commission. In addition to the clas- 
sification of the waters of the state these joint 
rules set forth guidelines to determine which 
fishing activities in joint waters are regulated by 
the Marine Fisheries Commission and which are 
regulated by the Wildlife Resources Commission. 
Finally, the joint rules set forth special fishing 
regulations applicable in joint waters that can be 
enforced by officers of the Division of Marine 
Fisheries and the Wildlife Resources Commis- 
sion. These regulations do not affect the juris- 
diction of the Marine Fisheries Commission and 
the Wildlife Resources Commission in any mat- 
ters other than those specifically set out. 

Statuion Authority G.S. 113-132: 113-134: 
143B-289.4. 

.0102 INLAND FISHING WATERS 

Inland fishing waters are all inland waters except 
private ponds; and all waters connecting with or 
tributary to coastal sounds or the ocean extend- 
ing inland from the dividing line between coastal 
fishing waters and inland fishing waters agreed 
upon by the Marine Fisheries Commission and 
the Wildlife Resources Commission. All waters 
which are tributary to inland fishing waters and 
which are not otherwise designated by agreement 
between the Marine Fisheries Commission and 
the Wildlife Resources Commission are inland 
fishing waters. The regulation and licensing of 
fishing in inland fishing waters is under the juris- 
diction of the Wildlife Resources Commission. 
Regulations and laws administered by the Wild- 
life Resources Commission regarding fishing in 
inland fishing waters are enforced by wildlife en- 
forcement officers. 

Statutory Authority G.S. 113-132: 113-134: 
143B-2S9.4. 

.0103 COASTAL FISHING WATERS 

Coastal fishing waters are the Atlantic Ocean: 
the various coastal sounds; and estuarine waters 
up to the dividing line between coastal fishing 
waters and inland fishing waters agreed upon by 
the Marine Fisheries Commission and the Wild- 
life Resources Commission. All waters which 
are tributary to coastal fishing waters and which 
are not otherwise designated by agreement be- 
tween the Marine Fisheries Commission and the 
Wildlife Resources Commission are coastal fish- 
ing waters. The regulations and licensing of 
fishing in coastal fishing waters is under the ju- 
risdiction of the Marine Fisheries Commission; 
except that inland game fish (exclusive of spotted 
seatrout. weaklish. and striped bass) are subject 



96 



5:1 .XORTH CAROLLXA REGISTER April 2, 1990 



PROPOSED RULES 



to regulations by the Wildlife Resources Com- 
mission in coastal fishing waters. Regulations 
and laws administered by the Marine Fisheries 
Commission regarding fishing in coastal waters 
are enforced by fisheries enforcement officers. 
Regulations regarding inland game fish in coastal 
fishing waters are enforced by wildlife enforce- 
ment officers unless otherwise agreed to by the 
Wildlife Resources Commission. 



Statutory . 
143B-289.4. 



iuthority G.S. 113-132; 113-134; 



.0104 JOINT FISHING WATERS 

Joint fishing waters are those coastal fishing 
waters, hereinafter set out, denominated by 
agreement of the Marine Fisheries Commission 
and the Wildlife Resources Commission pursu- 
ant to G.S. 113-1 32(e) as joint fishing waters. 
All waters which are tributary' to joint fishing 
waters and which are not otherwise designated 
by agreement between the Marine Fisheries 
Commission and the Wildlife Resources Com- 
mission are classified as joint fishing waters. The 
regulation and licensing of fishinu in joint waters 
shall be as stated in 15A NCAC 3Q .0106. 



Statutory .Iuthority G.S. 
I43B-289.4. 



113-132; 113-134; 



.0105 POSTING DIVIDING LINES 

The dividing lines of all major bodies of water 
and watercourses which are divided by the 
agreement of the Marine Fisheries Commission 
and the Wildlife Resources Commission so that 
portions of the same are constituted inland fish- 
ing waters, coastal fishing waters, or joint fishing 
waters shall be marked with signs in so far as may 
be practicable. Unmarked and undesignated tri- 
butaries shall have the same classification as the 
designated waters to which they connect or into 
which they flow. No unauthorized removal or 
relocation of any such marker shall have the ef- 
fect of changing the classification of any body of 
water or portion thereof, nor shall any such un- 
authorized removal or relocation or the absence 
of any marker affect the applicability of any reg- 
ulation pertaining to any such body of water or 
portion thereof. 

Statutory Authority G.S. 113-132; 113-134; 
I43D-289.4. 

.0106 APPLICABILITY OF RULES: JOINT 
WATERS 

(a) All coastal fishing laws and regulations ad- 
ministered by the Department of Fnvironment, 
Health, and Natural Resources and the Marine 



Fisheries Commission apply to joint waters ex- 
cept as otherwise provided, and shall be enforced 
by fisheries enforcement officers. 

(b) The following inland fishing laws and reg- 
ulations administered by the Wildlife Resources 
Commission apply to joint waters and shall be 
enforced by wildlife enforcement officers: 

(1) all laws and regulations pertaining to in- 
land game fishes, 

(2) all laws and regulations pertaining to in- 
land fishing license requirements for hook 
and line fishing, 

(3) all laws and regulations pertaining to hook 
and line fishing except as hereinafter pro- 
vided. 



Statutory Authority G.S. 
143B-2S9.4. 



113-132; 113-134; 



.0107 SPECIAL RILES: JOINT WATERS 

In order to effectively manage all fisheries re- 
sources in joint waters and in order to confer 
enforcement powers on both fisheries enforce- 
ment officers and wildlife enforcement officers 
with respect to certain regulations, the Marine 
Fisheries Commission and the Wildlife Re- 
sources Commission deem it necessary to adopt 
special regulations for joint waters. Such regu- 
lations supersede any inconsistent regulations of 
the Marine Fisheries Commission or the Wildlife 
Resources Commission that would otherwise be 
applicable in joint waters under the provisions 
of 15A NCAC 3Q .0106: 

( 1) Striped bass 

(a) It is unlawful to possess any striped bass 
or striped bass hybrid taken by any means 
which is less than 16 inches long (total 
length). 

(b) It is unlawful to possess more than three 
striped bass or striped bass hybrids taken 
by hook and line in any one day from 
joint waters. 

(c) It is unlawful to engage in net fishing for 
striped bass or striped bass hybrids in 
joint waters except as authorized by duly 
adopted rules of the Marine Fisheries 
Commission. 

(2) Lake Mattamuskeet 

(a) It is unlawful to set or attempt to set any 
gill net in Lake Mattamuskeet canals des- 
ignated as joint waters. 

(b) It is unlawful to use or attempt to use any 
trawl net or seines in Lake Mattamuskeet 
canals designated as joint waters. 

(3) Cape Fear River. It is unlawful to use or 
attempt to use any net or net stakes within 
800 feet of the dam at Lock No. 1 on the 
Cape Fear River. 



5:1 NORTH CAROLINA REGISTER April 2,1990 



97 



PROPOSED RULES 



Statutory Authority 
I43B-289.4. 



G.S. 113-131 



113-134; 



SECTION .0200 - BOUNDARY LINES: 
COASTAL-JOINT-INLAND FISHING WATERS 

.0201 SPECIFIC CLASSIFICATION OF 
WATERS 

The several sounds and estuarine and tributary 
waters all or portions of which are specifically 
classified as inland, joint, or coastal fishing waters 
by agreement of the Marine Fisheries Commis- 
sion and the Wildlife Resources Commission are 
listed in the following regulations under the 
coastal counties in which such waters or portions 
thereof are located. Indentation indicates the 
watercourse named is tributary to the next pre- 
ceding watercourse named and not so indented. 
Where a watercourse is divided into more than 
one class, the dividing point or portions are de- 
scribed and the waters upstream, downstream, 
or between are stated as above or below. The 
classifications of the waters or designated por- 
tions thereof are indicated by the following sym- 
bols: 

Inland fishing waters I 

Joint fishing waters J 

Coastal fishing waters C 



Statutory Authority 
I43B-2S9.4. 



G.S. 113-132; 113-134; 



.0202 DESCRIPTIVE BOUNDARIES 

(a) Beaufort County 

Pamlico-Tar River — Inland Waters 

above, Coastal 

Waters below 

- N and S RR 

- bridge at 

Washington 

All Man- Made tributaries, except Atlantic 

Intracoastal Waterway --- J 

Puimo River Inland Waters 

...... above US 264 

-bridge at 

— — Lecchville, Joint 

Waters below 

us 264 bridge 

a t Leechville 

- to Smith Creek, 

- Coastal Waters 

below Smith 

Creek 

Flax Pond Bay — - C 

Upper Dowery Creek -I 

Lower Dowery Creek - I 

George Best Creek C 

Toms Creek — - C 



Pantego Creek — --- -I 

Pungo Creek Inland Waters 

above, Coastal 

Waters below 

- --NC 92 bridge 

Vale Creek -- I 

Scotts Creek 1 

Smith Creek -- 1 

Woodstock (Little) Creek 1 

Jordan Creek — I 

Satterwaite Creek 1 

Wright Creek - —I 

North Creek J 

St. Clair Creek 1 

Mixons Creek 1 

Bath Creek -I 

Duck Creek 1 

Mallards Creek— 1 

Upper Goose Creek 1 

Broad Creek 1 

Herring Run (Runyan Creek) 1 

Chocowinity Bay 1 

Calf Tree Creek -- 1 

Hills Creek - —I 

Blounts Creek — I 

Nevil Creek I 

Barris Creek 1 

Durham Creek- I 

Lees Creek 1 

Hudies Gut 1 

South Creek-- Inland Waters 

— — above, Coastal 

Waters below 

— Deephole Point 

Tooleys Creek 1 

Drinkwater Creek 1 

Jacobs Creek - -- - 1 

Jacks Creek 1 

Whitehurst Creek 1 

Little Creek 1 

Short Creek 1 

Long Creek --- 1 

Bond Creek 1 

Muddy Creek 1 

Davis Creek I 

Strawhorn Creek --I 

Lower Goose Creek C 

Lower Spring Creek 1 

Peterson Creek — I 

Snode Creek - I 

Campbell Creek Inland Waters 

— above, Coastal 

- — — Waters below 

- Smith Creek 

Smith Creek - 1 

Hunting Creek — I 

(b) Bertie County 
Albemarle Sound - C 



9S 



5:1 NORTH CAROLINA REGISTER April 2,1990 



PROPOSED RULES 



All Man-Made Tributaries J 

Roanoke River Joint Waters 

- below US 258 

bridge to mouth 

Quinine --I 

Wire Gut-— 1 

Apple Tree Creek 1 

Indian Creek 1 

Coniott Creek - 1 

- Conine Creek J 

Old Mill Creek-— - 1 

Cut Cypress Creek - I 

Broad Creek 1 

Thoroughfare --J 

Cashie River - Inland Waters 

--- above San Souci 

f err y Joint Waters 

below San Souci 

-- fern' to mouth 

Cashoke Creek 1 

Moores Creek -- 1 

Broad Creek I 

Grinnel Creek 1 

Middle River J 

Eastmost River - - J 

Mud Gut- I 

Black Walnut Swamp 1 

Salmon Creek I 

Chowan River Joint Waters 

from confluence 

to 300 yds below 

US 17 bridge 

Barkers Creek 1 

Willow Branch — - -I 

Keel (Currituck) Creek 1 

(c) Bladen County 

Cape Fear River--- Inland Waters 

above Lock and 

Dam No. 1 Joint 

Waters below 

1 ock and Dam 

Xo. i t0 old US 

17- 74- 76 bridge 

a t Wilmington 

Natmore Creek -I 

(d) Brunswick County 

Calabash River and Tributaries C 

Saucepan Creek — C 

Flat Marsh- C 

Shallottc River Inland Waters 

.. above. Coastal 

---Waters below 

— - - US- 17- 130 

Mill Dam Branch C 

Squash Creek C 

Mill Pond C 

Charles Branch Inland Waters 

- - above, Coastal 



Waters below 

\C 130 bridge 

Grisset Swamp - — C 

Little Shallotte River 

and Tributaries C 

Lockwood Folly River -Inland Waters 

— above, Coastal 

Waters below 

— - - NC 211 bridge 

at Supply 

Stanberry Creek C 

Pompeys Creek C 

Maple Creek- C 

Ruby's Creek C 

Big Doe Creek C 

Lennons Creek C 

Mercers Mill Pond Creek -Inland Waters 

above, Coastal 

Waters below 

Mill 

Elizabeth River C 

Ash Creek - -C 

Beaverdam Creek C 

Dutchman Creek C 

Calf Gully Creek C 

Jumpin Run- - - C 

Fiddlers Creek C 



Cape I ear River- 



-Joint Waters 
-below Lock and 
-Dam No. 1 to 
-old US 17-74-76 
-bridge at 
-Wilmington 
-Coastal Waters 
-below old 
-US 17-74-76 
-bridge at 
-Wilmington 



Carolina Power and Light 

Intake Canal --- C 

Walden Creek C 

Orton Creek 

Lilliput Creek — 

Sandhill Creek 

Town Creek 

Mallory Creek - - - 

Brunswick River J 

Alligator Creek --- 

Jackeys Creek 

Sturgeon Creek 

Cartwheel Creek --- -- 

Indian Creek 

Hood Creek 

Northwest Creek 

(e) Camden County 

Albemarle Sound C 

All Man-Made Tributaries J 

Pasquotank River --Inland Waters 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



99 



PROPOSED RULES 



-above, Joint 

Waters below 

- — US 158 bridge 

a t Elizabeth City 

Raymond Creek 1 

Portohonk Creek 1 

Areneuse Creek 1 

North River— -Inland Waters 

above, Joint 

— —Waters below a 

line from Long 

Creek to Green 

Island Creek 

Wading Gut 1 

Little Broad Creek 1 

Broad Creek - --I 

Iluntina Creek 1 

Abel Creek —I 

Back Landing Creek 1 

Publrc Creek^ - - I 

Cow Creek I 

Great Creek-- 1 

Indiantown Creek 1 

(f) Carteret County 

Neuse River C 

Adams Creek C 

Back (Black) Creek- -C 

Cedar Creek C 

Garbacon Creek C 

South River Inland Waters 

above, Coastal 

- --Waters below 

the Porks 

Big Creek C 

Southwest Creek C 

West Pork - I 

Past Pork - --- I 

Pastman Creek C 

Browns Creek -C 

North River and Tributaries C 

Panter Cat Creek — - — C 

Cypress Creek C 

Newport River Inland Waters 

above, Coastal 

Waters below 

the Narrows 

Core Creek C 

I Iarlowe Creek C 

Bogue Sound and Tributaries -- C 

White Oak River Inland Waters 

—above. Coastal 

Waters below 

Grants Creek 

Pettiford Creek - Inland Waters 

above. Coastal 

Waters below 

- - — NC 58 bridge 

I ittle Hadnotts Creek I 



Hadnotts Creek -Inland Waters 

above, Coastal 

Waters below 

„„NC 58 bridge 

Neds Creek C 

Hunter Creek 1 

(g) Chowan County 

Albemarle Sound -C 

All Man-Made Tributaries J 

Yeopim River Inland Waters 

above. Joint 

Waters below 

- Norcum Point 

Queen Anne Creek 1 

Pollock Swamp (Pembroke Creek) — I 

Chowan River Joint Waters 

from confluence 

--to 300 vds below 

— - - US 17 bridge 

Rocky Hock Creek -I 

Dillard (Indian) Creek 1 

Stumpy Creek 1 

Catherine (Warwick) Creek 1 

(h) Columbus County 

Cape Fear River J 

Livingston Creek 1 

Waymans Creek 1 

(i) Craven County 

Neuse River- Inland Waters 

above Pitch 

— Kettle Creek 

Joint Waters 

below Pitch 

Kettle Creek to 

._LS 17 bridge 

__ a t New Bern 

Coastal Waters 

below US 17 

bridge at 

— \ew Bern 

Adams Creek - - C 

Back Creek -- - C 

Courts Creek — 1 

Long Branch — 1 

Clubfoot Creek — C 

Gulden Creek -- C 

Mitchell Creek - C 

Morton Mill Pond 1 

Hancock Creek - 1 

Slocum Creek — I 

Scott Creek 1 

Trent River - Inland Waters 

— -above. Joint 

Waters below 

Wilson's Creek 

Brice Creek 1 

Wilson Creek 1 

Jack Smith Creek 1 



100 



5:1 XORTH CAROLLXA REGISTER April 2, 1990 



PROPOSED RULES 



Bachelor Creek 

Dollys Gut - 

Greens Thoroughfare 

Greens Creek -- 

Turkey Quarter Creek 

Pitch Kettle Creek - 

Taylors Creek 

Pine Tree Creek — 

Stumpy Creek 

Swift ('reek — 

Reels Creek 

Mill Creek -- - - 

Duck Creek 

Northwest Creek 

Upper Broad Creek Inland Waters 

above, Coastal 

-- Waters below 

the Tidelands 

EMC power lines 

(j) Currituck County 

Albemarle Sound C 

All Man-Made Tributaries J 

North River Inland Waters 

- - -above, Joint 

--- Waters below a 

— line from Long 

Creek to Green 

Island Creek 

Duck Creek I 

Barnett Creek 1 

Lutz Creek- - I 

Goose Pond - 1 

Deep Creek 1 

Narrow Ridges Creek 1 

Bump Landing Creek 1 

Taylor Bay —J 

Intracoastal Waterway from 
Taylor Bay to 

Coinjock Bay J 

Indiantown Creek -- 1 

Currituck Sound J 

All Man- Made 'Tributaries —J 

Coinjock Bay --.I 

Nelson (Nells) Creek 1 

Hog Quarter Creek 1 

Parkers Creek 1 

North landing River .1 

Northwest River — I 

Gibbs Canal 1 

lull Creek 1 

West Landing I 

(k) Dare County 

Alligator River ---Joint Waters 

below Cherry 

Ridge I anding 

to OS 64 

- — - bridge Coastal 

--- - Waters below 



US 64 bridge 

Whipping Creek — 1 

Swan Creek I 

Milltail Creek 1 

Laurel Bay Lake (Creek) - I 

Last Lake 1 

Albemarle Sound C 

All Man-Made Tributaries J 

Kitty Hawk Bay J 

Peter Mashoes Creek - 1 

Tom Mann Creek 1 

Croatan Sound C 

All Man-Made Tributaries J 

Spencer Creek — --I 

Calahan Creek — I 

Roanoke Sound --- --- C 

Buzzard Bay J 

Pamlico Sound — C 

Stumpy Point Bay —C 

All Man-Made Tributaries- —J 

Long Shoal River — Inland Waters 

above, Coastal 

--- Waters below 

IS 264 bridge 

All Man-Made Tributaries J 

Pains Bay — C 

Pains Creek Inland Waters 

above, Coastal 

Waters below 

- US 264 bridge 

Deep Creek - Inland Waters 

---above, Coastal 

Waters below 

(js 264 bridge 

Currituck Sound J 

All Man-Made Tributaries J 

Martin Point Creek --I 

(1) Gates County 

Chowan River --Joint Waters 

from confluence 

to 3()() V( j s below 

(js 17 bridge 

Catherine (Warwick) Creek 

Bennetts ("reek 

Beef Creek 

Sarem Creek 

Shingle (Island) Creek 

Barnes Creek 

Spikes Creek - 

Buckhorn Creek (Run Off Swamp) - 

Mud Creek 

Somerton Creek 

(in) Halifax County 

Roanoke Riser - Inland Waters 

above US 258 

bridge Joint 

Waters to mouth 

Kchukee Swamp--- 1 



5:1 NORTH CAROLINA REGISTER April 



1 990 



101 



PROPOSED RULES 



Clarks Canal - —I 

(n) Hertford County 

Chowan River Joint Waters 

from confluence 

— —to 300 yds below 

-— — US 17 bridge 

Keel (Currituck) Creek — 

Snake Creek 

Swain Mill (Taylor Pond) Creek 

Goose Creek - — 

Wiccacon River — - 

Hodges Creek 

Catherine Creek-- --- 

Harris (Hares) Mill Creek 

Meherrin River J 

Potecasi Creek -- 

Sallie Gut 

Mapleton Gut 

I iverman Creek- - 

Vaughan's Creek 

Banks Creek 

Toms Gut 

Sudd Grass Creek 

Forked Gut — - 

Riddicksville Gut 

Buckhorn Creek 

Warrens Gut 

(o) Hyde County 

Pamlico Sound - - - C 

Pungo River Inland Waters 

--- above US 264 

bridge at 

Leechville, Joint 

Waters below 

US 264 bridge 

a t Leechville 

— -- -- to Smith Creek, 

Coastal Waters 

below Smith 

- — — —Creek 

Rutman Creek --- 1 

Wilkerson Creek 1 

Atlantic Intracoastal Waterway 
from Wilker>on Creek to 
Alligator River at 

Winn Bay -J 

Horse Island Creek 1 

Tarkiln Creek 1 

Scranton Creek Inland Waters 

—above. Joint 

Waters below 

US 264 bridge 

Smith Creek -I 

Fishing Creek 1 

Slades Creek C 

Fortesque Creek C 

Rose Bav - C 

Seals Creek C 



Deep Creek C 

Reden Creek C 

Rose Bay Creek-— - C 

Rose Bay Canal Inland Waters 

above. Joint 

— Waters below 

- - - — SR 1305 bridge 

Swan Quarter Bay C 

Oyster Creek C 

Juniper Bay --C 

Juniper Bay Creek J 

Juniper Bay Creek Canal 1 

Lake Mattamuskeet I 

Outfall Canal Inland Waters 

above, Joint 

Waters below 

—US 264 bridge 

Fake Landing Canal — Inland Waters 

-above. Joint 

Waters below 

US 264 bridge 

Waupopin Canal Inland Waters 

-- above. Joint 

- Waters below 

- - SR 1311 bridge 

All other Man-Made 
Tributaries to 

Lake Mattamuskeet I 

Middletown Creek — C 

Long Shoal River Inland Waters 

above, Coastal 

-- — Waters below 

US 264 bridge 

All Man-Made Tributaries J 

Broad Creek C 

Flag Creek 1 

Cumberland Creek - — I 

Alligator River —-Inland Waters 

above Cherry 

- Ridge I anding, 

— Joint Waters 

below Cherry 

Ridge Landing 

to US 64 bridge 

Swan Creek and I ake I 

Alligator Creek I 

(p) Martin County 

Roanoke River J 

Prices Gut 1 

Rainbow Gut I 

Conoho Creek — I 

Sweetwater Creek 1 

Peter Swamp - — I 

Devils Gut J 

Upper Deadwater J 

I ower Deadwater J 

Gardner Creek - I 

Roses Creek I 



102 



5:1 XORTH CAROLISA REGISTER April 2, 1990 



PROPOSED RULES 



Welch Creek -- 1 

(q) New Hanover County 

Cape Fear River— - -Joint Waters 

below Lock and 

D am Mo. i to 

old US 17-74-76 

- — bridge at 

_ Wilmington Coastal 

Waters below 

old LIS 17-74-76 

-bridge at 

Wilmington 

Lords Creek - -I 

Todds Creek — 1 

Barnards Creek I 

Greenfield Lake Outlet I 

Tommer ("reek -I 

Catfish Creek 1 

Northeast Cape Fear River--Inland Waters 

- — above, Joint 

Waters below 

NC 210 bridge 

Smiths Creek - 1 

Ness Creek - —I 

Dock Creek 1 

Fishing Creek — 1 

Prince George Creek - ---I 

Sturgeon Creek - -1 

Island Creek --- 1 

(r) Northampton County 

Roanoke River Inland Waters 

—above US 258 

— bridge Joint 

Waters below 

^S 258 bridge 

Sandy Run (Norfleet Gut) I 

Graveyard Gut - ---I 

(s) Onslow County 

Beasleys (Barlow) Creek C 

Kings Creek C 

Turkey Creek — — C 

Mill Creek C 

New River-- Inland Waters 

above, Coastal 

_ Waters below 

US 17 bridge at 

Jacksonville 

Wheeler Creek C 

Everett Creek C 

Stones Creek C 

Muddy Creek - - -C 

Lewis Creek C 

Southwest Creek-- — Inland Waters 

-- -- --above, Coastal 

Waters below 

Maple ] |,il 

- — (Maple) Landing 

Brinson Creek I 



Northeast Creek — Inland Waters 

above, Coastal 

Waters below 

railroad bridge 

Wallace Creek Inland Waters 

above, Coastal 

_ Waters below 

--- -- the first bridge 

upstream from 

th c m outh 

Codels Creek 1 

French Creek - 1 

Duck Creek - 1 

Freeman (Browns) Creek C 

Bear Creek C 

Queens Creek Inland Waters 

above, Coastal 

Waters below 

— Frazier's Landing 

Parrotts Swamp- C 

White Oak River Inland Waters 

— ---above, Coastal 

Waters below 

Grants Creek 

Stevens Creek C 

Holland Mill (Mill Pond) Creek C 

Webbs Creek — — Inland Waters 

— above, Coastal 

Waters below 

railroad bridge 

Freemans Creek -- 1 

Calebs Creek — I 

Grant's Creek — — I 

(t) Pamlico County 

Pamlico River — Inland Waters 

above, Coastal 

Waters below 

R and S RR 

bridge at 

Washington 

Lower Goose Creek C 

Dixons Creek C 

Patons Creek C 

Wilson Creek C 

Fastham Creek Inland Waters 

above, Coastal 

Waters below 

cni j f SR 1236 

Upper Spring Creek C 

Intracoastal Waterway from 
Upper Spring ("reek 

to Gale Creek C 

Oyster Creek — C 

Clark Creek - C 

Middle Prong— C 

James Creek -C 

Pamlico Sound — C 

Porpoise Creek C 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



KB 



PROPOSED RULES 



Drum Creek C 

Bay River Inland Waters 

_ -above, Coastal 

— - --- Waters below 

\C 55 bridge 

a t Bayboro 

Gale Creek Inland Waters 

--above, Coastal 

- Waters below 

NC 304 bridge 

Chadwick Creek C 

Bear Creek --- — C 

Vandemere Creek Inland Waters 

above, Coastal 

Waters below 

\C 304 bridge 

I ong Creek C 

Smith ("reek C 

Chapel Creek Inland Waters 

above, Coastal 

--- — Waters below 

- NC 304 bridge 

Raccoon Creek C 

Trent Creek Inland Waters 

— above, Coastal 

Waters below 

_NC 55 bndge 

Thomas Creek - 1 

Masons Creek C 

Moore Creek -C 

Rices Creek — — C 

Ball Creek C 

Cabin Creek C 

Riggs Creek C 

Spring Creek C 

Long Creek C 

Neuse River— Coastal Waters 

below US 17 

bridge at New Bern 

Swan Creek C 

I ower Broad Creek C 

Greens Creek C 

Pittman Creek — - - C 

Burton Creek C 

Brown Creek — --- C 

Spice Creek C 

Gideon Creek - - C 

Tar Creek C 

Parris Creek C 

Orchard Creek — C 

Pierce Creek C 

Whitaker Creek C 

Smith Creek --- --J 

Greens Creek J 

Kershaw Creek — J 

Dawson Creek Inland Waters 

above, Coastal 

--- Waters below 



en d f SR 1350 

Tarkiln Creek - --- —I 

Gatlin Creek — — I 

Little Creek — - 1 

Mill Creek 1 

Beard Creek Inland Waters 

above, Coastal 

- - -Waters below 

-end of SR 1117 

Lower Duck Creek — -I 

Goose Creek Inland Waters 

-above, Coastal 

- — - -Waters below end 

of SR 1110 

Upper Broad Creek Inland Waters 

above, Coastal 

Waters below 

- Tidelands EMC 

power line 

(u) Pasquotank Count) 

Albemarle Sound — C 

All Man-Made Tributaries J 

Little River Inland Waters 

— above, Joint 

Waters below 

-- — a line from 

Manston Creek 

— -- to Davis Creek 

Symonds Creek I 

Manston Creek 1 

Big Flatty Creek Inland Waters 

above, Joint 

Waters below 

a i me from 

1 ong Point 

to Polly Creek 

Marsh I andinn 1 

Folly Creek — - 1 

Pasquotank River Inland Waters 

— -- - - above, Joint 

Waters below 

— - - -L'S 15S bridge 

at Elizabeth City 

I lttle Flatty Creek 1 

New Begun Creek Inland Waters 

above, Joint 

-Waters below a 

- line from the 

mouth of Paling 

- Creek to the 

-mouth of James 

- — Creek 

Paling Creek I 

James Creek -- - - I 

Charles Creek - — I 

(v) Pender County 

Cape Fear River--- - J 

Thoroughfare - — I 



104 



5:1 XORTH CAROLLXA REGISTER April 2, 1990 



PROPOSED RULES 



Black River- - Inland Waters 

— above, Joint 

_ Waters below 

- — the point where 

the Thoroughfare 

-..joins the 

Black River 

Northeast Cape Fear River— Inland Waters 

— above, Joint 

--Waters below 

NC 210 bridge 

Cowpen Creek 1 

Long Creek 1 

Turkey Creek - --I 

Old Creek 1 

Honey Creek 1 

Harrisons Creek I 

Island Creek 1 

Topsail Sound and Tributaries-- C 

Beasleys (Barlow) Creek — -C 

(w) Perquimans County 

Albemarle Sound C 

All Man-Made Tributaries — — J 

Yeopim River Inland Waters 

-above, Joint 

Waters below 

--Norcum Point 

Yeopim Creek 1 

Perquimans River Inland Waters 

above, Joint 

Waters below old 

US 17 bridge 

at Hertford 

Walter's Creek 1 

Mill Pond Creek 1 

Suttons Creek 1 

Jackson (Cove) Creek--- 1 

Muddy Creek 1 

Little River --Inland Waters 

above, Joint 

- Waters below 

a line from 

Manston Creek 

to Davis Creek 

Deep Creek --- -- - I 

Davis Creek 1 

(x) Tyrrell County 

Albemarle Sound - C 

All Man-Made Tributaries J 

Scuppernong River Inland waters 

-- above, joint 

Waters below 

First (Rider's) 

Creek 

hirst (Rider's) Creek 1 

Furlough Creek — - 1 

Alligator River Inland Waters 

— above Cherry 



Ridge Landing 

Joint Waters 

below Cherry 

Ridi^e Landing 

- to US 64 

bridge Coastal 

Waters below 

US 54 bridge 

Little Alligator River 1 

Second Creek 1 

Goose Creek 1 

The Frying Pan J 

Gum Neck Landing Ditch 1 

(y) Washington County ' 

Albemarle Sound C 

All Man-Made Tributaries J 

Roanoke River Joint Waters 

— - below US 258 

bridge to mouth 

Conaby Creek 1 

Mackeys (Kendrick) Creek 1 

Pleasant Grove Creek 

(Cherry Swamp) 1 

Chapel Swamp Creek 1 

Bull Creek — - — -I 

Deep Creek 1 

Banton (Maybell) Creek 1 

Scuppernong River 1 

Statutory Authority G.S. 113-132; 113-134; 
143B-286. 

SUBCHAPTER 3R - DESCRIPTIVE 
BOUNDARIES 

.0001 SKA TURTLE SANCTUARY 

The sea turtle sanctuary referenced in 15A 
NCAC 31 .0007 is in the Atlantic Ocean adjacent 
to Onslow County enclosed by a line, beginning 
at the easternmost end of Hammocks Beach 
(Bear Island) at 34° 38.4' N - 77° 07' W, and 
running southeastward 1,000 feet offshore toward 
the Bogue Inlet Bell Buoy (BW "BI"); thence 
continuing toward the Bogue Inlet Bell Buoy 
(BW "BI"); thence continuing southwest 1,000 
feet offshore parallel with the ocean shoreline of 
Bear Island to a point 34° 37.1' N - 77° 10.1' W 
where said line intersects the northeastern edge 
of that restricted zone between Bear and Browns 
Inlets, designated as part of the Camp Lejeune 
restricted area; thence seaward along the bound- 
ary of this restricted /one to a point 34 36.7' N 
- 77 3 00.8' W, said point being about 3 4 mile 
157° M from the western end of Bear Island; 
thence from said point southwest across the re- 
stricted zone to a point 34 a 35.1 N - 77 : 13.2' 
W where said line intersects the southwestern 
boundary' o( the restricted zone, thence shore - 



5:1 NORTH CAROLINA REGISTER April 2,1990 



105 



PROPOSED RULES 



ward with the southwestern boundary of the re- 
stricted zone to a point off the mouth of Brown's 
Inlet 34° 35.6' N - 77° 13.6' W, said point being 
about 1,000 feet offshore of the western shore of 
Brown's Inlet; thence southwest parallel with the 
ocean shoreline 1,000 feet offshore to a point 34° 
34.7' N - 77 ; 15.1' \V, said point being about 
1,200 feet 151° M from the northernmost obser- 
vation tower on Onslow Beach; thence running 
southeast 151° M to a point 34 3 34.3' N - 77° 
14.7' W, said point being about 3 4 mile offshore; 
thence from said buov to the southernmost tip 
of Onslow Beach 34 : 31.9' N - 77° 20.3' W. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0002 MILITARY RKSTKIC1 KH AREAS 

(a) Designated military restricted areas refer- 
enced in 15A N'CAC 31 .0010(b) and used for 
military training purposes are located as follows: 

( 1 ) Currituck Sound: 

(A) North I anding River; and 

(B) Northern part of Currituck Sound (See 
33 CFR 334.410 (a) (1) and (a) (2); Con- 
tact Commander Fleet Air Norfolk); 

(2) Albemarle Sound: 

(A) Along north shore at the easternmost 
tip of Harvey Point; and 

(B) Along south shore of , Albemarle Sound 
(See 33 CFR 334.410 (b) (1) and (b) (2); 
Contact Commander Meet Air Norfolk); 

(3) Pamlico Sound: 

(A) In the vicinity of long Shoal (See 33 
CFR 334.410 (c); Contact Commander 
Fleet Air Norfolk); 

(B) In the vicinity of Brant Island (See 33 
CFR 334.420 (a) (1); Contact Comman- 
der Marine Corp Air Bases, Fast, Cherry 
Point); and 

(C) In the vicinity of Piney Island including 
waters of Rattan Bay, Cedar Bay and 
Turnagain Bay (See 33 CFR 334.420 (b); 
Contact Commander Marine Corps Air 
Bases, Fast, Cherry Point); 

(4) Ncuse River and tributaries, that portion 
of Neuse River within 500 feet of the 
shore along the reservation of the Marine 
Corps Air Station. Cherry Point, North 
Carolina, extending from the mouth of 
Hancock Creek to a point approximately 
6,000 feet west of the mouth of Slocum 
Creek, and all waters of Hancock and 
Slocum Creeks and their tributaries within 
the boundaries of the reservations (See ii 
CFR 334.430 (a); contact Commanding 
General. Fnited States Marine Corps Air 
Station. Chcrrv Point): 



(5) Atlantic Ocean: 

(A) In the vicinity of Bear Inlet; and 

(B) Fast of New River Inlet 

(See 33 CFR 334.440 (a) and (d); Contact 
Commanding General, Marine Corps 
Base, Camp Fejeune); 

(6) Brown's Inlet area between Bear Creek, 
Onslow Beach Bridge and the Atlantic 
Ocean (See 33 CFR 334.440 (e); Contact 
Commanding General, Marine Corps 
Base, Camp Fejeune); 

(7) New River within eight sections: 

(A) Trap Bay Sector, 

(B) Courthouse Bay Sector, 

(C) Stone Bay Sector, 

(D) Stone Creek Sector, 
(F) Grey Point Sector, 

(F) Farnell Bay Sector, 

(G) Morgan Bay Sector, and 
(H) Jacksonville Sector 

(See 33 CFR 334.440 (b); Contact Com- 
manding General, Marine Corps Base, 
Camp Fejeune): 

(8) Cape Fear River due west of the main ship 
channel extending from L \S. Coast Guard 
Buoy No. 31 A at the north approach 
channel to Sunny Point Terminal to U.S. 
Coast Guard Buoy No. 23 A at the south 
approach channel to Sunny Point Army 
Terminal and all waters of its tributaries 
therein (See 33 CFR 334.450 (a); Contact 
Commander, Sunny Point Area Terminal, 
Southport). 

(b) The areas included in the advisory against 
the use of fixed fishing gear at the Piney Island 
range, as referenced in 15A N'CAC 31 .0010(d) is 
Rattan Bay southeast of a line beginning at a 
point 35 : 02' 41" N - 76 : 29' 00" W, running 027° 
(M) to a point 35° 03' 28" N - 76 Q 28' 42" YV. 
and include all of Rattan Bay which is within the 
Piney Island military range in southern Pamlico 
Sound. 



Statuto/T A uthotity 
113-182; 143B-289.4. 



G.S. 113-134: 113-181; 



.0003 PRIMARY NURSERY AREAS 

(a) In the Roanoke Sound Area. 
(1) Shallowbag Bay: 

(A) Dough Creek, northwest of a line be- 
ginning at a point (in the east shore 35 D 
54' 28" N - 75 : 40 00" \V; running 242 : 
(M) to a point on the west shore 35 = 54' 
19- \ .. 75° 4i) 09" \V; 

(B) Scarborough Creek, all waters south of 
a line beginning at a point on the east 
shore 35°~ 54' 00" N - 75 c 39' 33 W; 



106 



5:1 SORTH CAROLLXA REGISTER April 



1990 



PROPOSED RULES 



running 246° (M) to a point on the west 
shore 35° 53' 59" N -- 75° 39' 36" W. 
(2) Broad Creek, north of a line beginning 
at a point on the east shore 35° 52' 24" N 

- 75° 38' 26" W; running 306° (M) to a 
point on the west shore 35° 52' 22" N -- 
75° 38' 30" W. 

(b) In the Northern Pamlico Sound Area. 

(1) Long Shoal River: 

(A) Long Shoal River, west of a line be- 
ginning at a point on the north shore 35° 
38' 00" N - 75° 52' 57" W; running 208° 
(M) to a point on the south shore 35° 37' 
47" N - 75' 53' 03" W; 

(B) Deep Creek, east of a line beginning at 
a point on the north shore 35° 37' 50" N 

- 75° 52' 14" \V; running 204° (M) to a 
point on the south shore 35° 37' 38" N -- 
75° 52' 18" W; 

(C) Broad Creek, west of a line beginning 
at a point on the north shore 35° 35' 57" 
N - 75° 53' 42" W; running 209° (\1) to 
a point on the south shore 35° 35' 46" N 

- 75° 53' 49" \V; 

(D) Muddy Creek, east of a line beginning 
at a point on the north shore 35° 36' 24" 
N -- 75° 52' 08" W; running 181° (M) to 
a point on the south shore 35° 36' 15" N 

- 75° 52' 10" VV; 

(E) Pains Bay, north of a line beginning at 
a point on the west shore 35° 35' 26" N 

- 75° 49' 12" W; running 097° (M) to a 
point on the east shore 35° 35' 26" N -- 
75° 48' 50" W; 

(F) Otter Creek, southwest of a line begin- 
ning at a point on the east shore 35° 33' 
07" N - 75° 55' 00" VV; running 277° (M) 
to a point on the west shore 35° 33' 07" 
N - 75° 55' 15" W; 

(G) Clark Creek, northeast of a line begin- 
ning at a point on the north shore 33° 35' 
45" N - 75° 51' 30" VV; running 158° (M) 
to a point on the south shore 35° 35' 46" 
N - 75° 51' 28" W; 

(2) Far Creek, east of a line beginning at a 
point on Gibbs Point 35° 30' 06" N - 
75° 57' 46" VV; running 007° (M) to a 
point on the east shore 35° 30' 53" N — 
75° 57' 46" VV; 

(3) Middlctown Creek, west of a line begin- 
ning at a point on the north shore 35° 28' 
26" N - 75° 59' 55" W; running 097° (M) 
to a point on the south shore 35° 28' 06" 
N - 75° 59' 55" VV; 

(4) Wy socking Bay: 

(A) Pone Tree Creek, east of a line begin- 
ning at a point on the south shore 35 25' 
06" N - 76° 02' 06" VV; running 342' (M) 



to a point on the north shore 35° 25' 33" 
N - 76° 02' 18" W; 

(B) Wysocking Bay, north of a line begin- 
ning at a point on the east shore 35° 25' 
55" N - 76° 02' 58" W; running 265° (M) 
to a point on the west shore 35° 25' 44" 
N - 76° 03' 33" \V; 

(C) Douglas Bay, northwest of a line be- 
ginning at a point on Mackey Point 35° 
25' 11* N - 76° 03' 14" W; running 229° 
(M) to a point on the south shore 35° 24' 
50" N - 76° 03' 42" W; 

(D) Tributaries west of Brown Island, west 
of a line beiiinniniz at a point on the north 
shore of Brown Island 35° 24' 10" N - 76° 
04' 24" VV; running 007° (M) to a point 
35° 24' 24" N - 76° 04' 24" W; and north 
of a line beginning at a point on the most 
southern point of Brown Island 35° 23' 
51" N - 76° 04' 32" VV; running 277° (M) 
to a point on the west shore 35° 23' 51" 
N - 76° 04' 48" VV; 

(5) Last Bluff Bay, Harbor Creek east of a 
line beginning at a point on the south 
shore 35° 21' 25" N - 76° 07' 48" VV; run- 
ning 323° (M) to a point on the north 
shore 35° 21' 31" N - 76" 07' 56" VV; 

(6) Cunning Harbor tributaries, north of a 
line beginning at a point on the east shore 
35° 20^40" N - 76° 12' 15" VV; running 
280° (M) to a point on the west shore 35° 
20' 42" N - 76° 12' 37" VV; 

(7) Juniper Bay: 

(A) I'pper Juniper Bay, north of a line be- 
ginning at a point on the east shore 35° 
23' 09" N - 76° 15' 00" VV; running 277° 
(M) to a point on the west shore 35° 23' 
09" N - 76° 15' 12" VV; 

(B) Rattlesnake Creek, west of a line be- 
ginning at a point on the north shore 35° 
22' 55" N - 76° 15' 19" VV, running 211° 
(\1) to a point on the south shore 35° 22' 
50" N - 76° 15' 21" VV; 

(C) Buck Creek, east of a line beginning at 
a point on the south shore 35° 21' 22" N 
- 76' 13' 46" VV; running 328° (M) to a 
point on the north shore 35° 21' 2 1 )" N - 
76° 13' 54" VV; 

(D) I aurel Creek, cast of a line beginning 
at a point on the north shore 35° 20' 38" 
N - 76° 13' 21" VV; running 170 (M) to a 
point on the south shore 35° 20' 36" N - 
76° 13' 22" VV; 

(E) Old Haulover, west of a line beginning 
on the south shore 35° 21' 58" N - 76 15' 
36" W; running 008° (\1) to a point on the 
north shore }>5° 22' 05" N - 76° 15' 35" 
VV; 



5: / NOR Til CA R OL IN A R EC, IS TER April 2, 1990 



107 



PROPOSED RULES 



(8) Swanquarter Bay: 

(A) Upper Swanquarter Bay. north of a line 
beginning on the east shore and running 
270° (M) through Day Marker No. 7 to 
the west shore; 
(Bj Oyster Creek, east of a line beginning 
at a point on the north shore 35° 23' 06" 
N - 76° IS' 58" W; running 187° (M) to 
a point on the south shore 35° 22' 00" N 
-- 76° 18' 58" W; 
(C) Caffee Bay: 

(i) Unnamed tributary, north of a line 
beginnina at a point on the west shore 
35 c 2 ,' 09" N - 76= 18 52" W; running 
111° (M) to a point on the east shore 
35° 22' 06" N- 76° 18' 45" W; 
(ii) Unnamed tributary, north of a line 
beainnina at a point on the east shore 
35° 22' 05" N - 76° 18' 12" W; running 
288° (M) to a point on the west shore 
35° 22' 09" N - 76° 18' 28" W; 
(iii) Upper Caffee Bay (llaulover), east 
of a line beginning at a point on the 
south shore 35° 21' 43" N - 76° 17 25" 
W; ranning 330° (M) to a point on the 
north shore 35° 21' 52" N - 76° 17' 26" 
W. 

(9) Rose Bay: 

(A) Rose Bay. north of a line beginning at 
a point on Watch Point 35' 26' 52" N -- 
76° 25' 02" YV; running 272° (M) to 
Channel Marker No. 6; thence 248' (M) 
to a point on the west shore 35° 26' 40" 
N -- 76° 25' 30" W; 

(B) Island Point Creek, west of a line be- 
ginning at a point on the north shore 35° 
25' 59" N - 76° 25' 06" YV; running 154° 
(M) to a point on the south shore 35" 25' 
54" N - 76° 25' 00" W; 

(C) Tooley Creek, west of a line beginning 
on the north shore 35' 25' 26" N -- 76° 
25' 30" \V: running 1S7 : (M) to a point 
on the south shore 35° 25' 09" N -- 76° 
25' 30" W; 

(D) Broad Creek, east of a line beginning 
at a point on the south shore 35° 23' 54" 
N - 76' 23' 34" W; running 023° (M) to a 
point 35° 24 15" N - 76° 26' 10" W; 
thence 080° (M) to a point 35° 24' 18" N 
- 76= 25' 57" \V; 

(1 ) I ightwood Snag Bay, west and north 
of a line beginning at a point on the south 
shore 35° 23' 54"~N - 76° 26 18" W run- 
rung 023 c (M) to a point 35 : 24 15" N - 
76' 26' 10 W; thence 080° (M) to a point 
35° 24 18" N - 76 : 25 57 W; 

(F) Deep Bay: 



(i) Old Haulover, north of a line begin- 
ning at a point on the west shore 35° 
23' 09" N - 76° 22' 52" YV; running 101° 
(M) to a point on the east shore 35° 23' 
09" N - 76° 22' 46" W; 
(ii) Drum Cove (Stinking Creek), south 
of a line beginning at a point on the 
west shore 35° 22' 32" N - 76° 24' 44" 
\V; running 122' (M) to a point on the 
east shore "35° 22' 26" N - 76° 24' 28" 
W; 
(G) Eastern tributaries (Cedar Hammock 
and Long Creek), east of a line beginning 
at a point on the north shore 35° 24' 53" 
N - 76° 23' 12" VV; running 206° (M) to a 
point on the south shore 35° 24' 39" N - 
76° 23' 18" YV: 
(10) Spencer Bay: 

(A) Germantown Bay: 

(i) Ditch Creek, west of a line beginning 
at a point on the north shore i5' 24' 



11" N 



76° 27' 54" \Y 



running 



24° 



(M) to a point on the south shore 35° 
24 05" N - 76° 27' 59" YV; 

(ii) Jenette Creek, west of a line begin- 
nina at a point on the north shore 35° 
24' "30" N - 76° 27' 40" YV; running 204° 
(M) to a point on the south shore 35' 
24 25" N - 76= 27' 40" YV; 

(iii) Headwaters at northeast of a line 
beainnina at a point on the northwest 
shore 35° 24' 50" N - 76° 27' 16' YV; 
running 158° (M) to a point on the 
southeast shore 35° 24' 30" N - 76° 27' 
11 YV; 

(iv) Swan Creek, southeast of a line be- 
ainnina at a point on the north shore 
35° 24 r 30" N - 76° 27' 11" YV; running 
234= (M) to a point on the south shore 
35° 24' 24" N - 76= 27' 17 YV; 

(B) Unnamed western tributary, west of a 
line beainnina at a point on the south 
shore 35° 22 r 48" N - 76' 28' 19" YV; 
runnina 356= (M) to a point on the north 
shore 35° 22' 59" N - 76' 28' 21" YV; 

(C) Unnamed tributary, west of a line be- 
ginning on the south shore 35= 23' 04" 
N - 76° 28' 36" YV: runnina 016= (M) to a 
point on the north shore 35= 23' 08" N - 
76° 28' 35" YV; 

(D) Unnamed tributary, west of a line be- 
ainnina at a point on the south shore 35° 
23' 21" N - 76 2S 37" YV; running 306= 
(M) to a point on the north shore 35° 23' 
25" N - 76= 28' 46 YV; 

(E) Unnamed tributaries, northwest of a 
line beginnina at a point on the north 
shore 35 = 23' 45" N - 76= 28' 38 YV; run- 



10S 



5:1 XORTII CAROLLXA REGISTER April 2, 1990 



PROPOSED RULES 



ning 231° (M) to a point on the south 
shore 35° 23' 30" N - 76° 28' 48" W; 

(F) Upper Spencer Bay, northwest of a line 
beginning at a point on the south shore 
35° 24' 00" N - 76° 28' 48" W; running 
028° (M) to a point on the north shore 
35° 24' 23" N - 76° 28' 36" W; 

(G) Swan Creek, east of a line beginning 
at a point on the south shore 35° 23' 51" 
N - 76° 27' 26" W; running 018° (M) to a 
point on the north shore 35° 24' 02" N - 
76° 27' 25" \V; 

(11) Long Creek, north of a line beginning at 
a point on the west shore 35° 22' 26" N - 
76° 29' 00" VV; running 119° (M) to a 
point on the east shore 35' 22' 21" N - 76° 
28' 49" W; 

(12) Willow Creek, cast of a line beginning at 
a point on the north shore 35' 23' 06" N 

- 76° 28' 54" W; running 137= (M) to a 
point on the south shore 35° 23' 01" N - 
76° 28' 45" W; 

(13) Abels Bay, above a line beginning at a 
point on the west shore 35° 24' 04" N -- 
76° 30' 24" W; running 132° (M) to a 
point on the east shore 35° 23' 57" N -- 
76° 30' 09" W; thence 204° (M) to a point 
on the south shore 35° 23' 40" N -- 76° 
30' 14" W; 

( 14) ('rooked Creek, north of a line beginning 
at a point on the east shore 35° 24' 21" N 

- 76° 32' 04" \V; running 282° (M) to a 
point on the west shore 35° 24' 27" N - 
76° 32' 14" W. 

(c) In the Pungo River Area. 
( 1 ) Fortcscue Creek: 

(A) Headwaters of Fortcscue Creek, south- 
east of a line beginning at a point on the 
southwest shore 35° 25' 26" N - 76° 30' 
42" \V; running 060° (M) to a point on 
the northeast shore 35° 25' 30" N -- 76° 
30' 33" W; 

(B) Warner Creek, north of a line from a 
point on the east shore ix 26' 18" N — 
76° 31' 30" W; runnmg 262° (M) to a 
point on the west shore 35° 26' 16" N -- 
76° 31' 36" W; 

(C) Island Creek, north of a line beginning 
at a point on the west shore 35° 26' 04" 
N - 76 : 32' 22" W; running 093° (M) to 
a point on the east shore 35° 26' 06" N -- 
76° 32' 18" W; 

(D) Dixon Creek, south of a line beginning 
at a point above Lupton Point 35° 25' 34" 
N -- 76° 31' 54" W: running 279° (M) to 
a point on the west shore 35° 25' 35" N 

- 76° 31' 44" W; 



(E) Pasture Creek, north of a line beginning 
at a point on the east shore 35° 26' 00" N 

- 76° 31' 54" W; running 277° (M) to a 
point above Pasture Point 35° 26' 00" N 

- 76° 31' 57" W; 

(F) All tributaries on the northeast shore 
of lower Fortescue Creek, northeast of a 
line beginning at a point 35° 26' 05" N -- 
76° 21' 12" W; running 135° (M) to a 
point 35° 25' 36" N -- 76° 30' 36" W; 

(2) Slade Creek: 

(A) Slade Creek, south of a line beginning 
at a point above Jones Creek 35° 27' 56" 
N -- 76° 30' 44" W; running 102° (M) to 
a point on the north shore 35° 27' 54" N 

- 76° 30' 33" W; 

(B) Jarvis Creek, northeast of a line begin- 
ning at a point on the southeastern shore 
35°~28' 14" N - 76° 30' 51" W; running 
325° (M) to a point 35° 28' 15" N - 76° 
30' 56" W; 

(C) Jones Creek, south of a line beginning 
at a point on the east shore 35° 27' 56" N 

- 76° 30' 53" W; running 331° (M) to a 
point on the west shore 35° 28' 00" N -- 
76° 30' 57" W; 

(D) Becky Creek, north of a line beginning 
at a point on the cast shore 35° 28' 42" N 

- 76° 31' 37" W; running 277° (M) to a 
point on the west shore 35° 28' 42" N — 
76° 31' 40" W; 

(E) Neal Creek, north of a line beginning 
at a point on the cast shore 35° 28' 49" N 

- 76° 31' 49" W: running 275° (M) to a 
point on the west shore 35° 28' 48" N -- 
76° 31' 54" W; 

(F) Wood Creek, north of a line beginning 
at a point on the east shore 35° 28' 38" N 

- 76° i2' 22" W; running 277° (M) to a 
point on the west shore 35° 28' 38" N -- 
76° 32' 30" W; 

(G) Spellman Creek, north of a line begin- 
ning at a point on the east shore 35° 28' 
14" M .. 76° 32' 42" W; running 215° (M) 
to a point on the west shore 35° 28' 13" 
N - 76° 32' 44" W; 

(II) Speer Creek, east of a line beginning 
at a point on the north shore 35° 27' 58" 
N - 76° 32' 24" W; running 207° (M) to 
a point on the south shore 35° 27' 55" N 

- 76° 32' 24" W; 

(I) Church Creek and Spccr Gut, cast of a 
line beginning at a point on the northeast 
shore 35° 27~ 35" N - 76° 32' 46" W; 
running 228° (M) to a point on the 
southwest shore 35 : 27' M" N - 76° 32' 
52" W; 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



109 



PROPOSED RULES 



(J) Allison and Foeman Creek, south of a 
line beginning at a point on Parmalee 
Point 35° 27 r 15" N - 76° 33' 07" W; 
running 286' (M) to a point on the 
southwest shore 35° 27' 18" N - 76° 33' 
12" W; 

(3) I'lax Pond, west of a line beginning at a 
point on the south shore 35° 31' 52" N - 
76° 33' 15" W; running 009° (M) to a 
point on the north shore 35° 31' 56" N - 
76' 33' 15" W; 

(4) Battalina and Tooleys Creeks, northwest 
of a line beginning at a point on the north 
shore 35° 32' 21""N - 76' 36' 12" W; run- 
ning 226° (M) to a point on the south 
shore 35° 32' 02" N - 76° 36' 24" \V; 

(d) In the Pamlico River Area. 

( 1 ) North Creek: 

(A) North Creek, north of a line beginning 
at a point on the west shore 35° 25' 35" 
\ - 76° 40' 06" W; running 048° (M) to 
a point on the east shore 35 = 25' 40" N -- 
76 : 40' 01" W; 

(B) East fork: 

(i) Northeast of a line beginning at a 
point on the northwest shore 35' 25' 
48" N - 76° 39' 04" W; running 144= 
(M) to a point on the southeast shore 
35' 25' 43" N -- 76' 39' 00" W; 

(ii) Unnamed tributary' of East Fork 
northwest of a line beginning at a point 
on the north shore 35' 25' 41" N - 76° 
39' 28" \V; running 215° (M) to a point 
on the south shore 35° 25' 37" N - 76° 
39' 30" \Y; 

(C) Prying Pan Creek, east of a line begin- 
ning at a point on Chambers Point 35 c 
24' 51" N - 76° 39' 48" W; running 051° 
(M) to a point on the north shore 35° 25' 
00" N - 76° 39' 33" W; 

(D) Little East Creek, west of a line begin- 
ning at a point on Cousin Point 35° 25' 
00" N - 76° 40' 26" W; running 028 3 (M) 
to a point on the north shore 35 25' OS" 
N - 76° 40' 22" W; 

(2) Goose Creek: 

(A) Creek north of Bostic Point, west of a 
line beginning at a point on the north 
shore 35° 19' 57" N - 76= 37' 37" W; 
running 179' (M) to a point on the south 
shore 35° 19' 54" N - 76' 37' 34" W; 

(B) Upper Spring Creek: 

(i) Headwaters of l.'pper Spring Creek, 
east of a line beginning at a point on the 
north shore 35M6' 20" N - 76 c 35' 56" 
W; running 139 : (M) to a point on the 
south shore 35= 16 14" N - 7<v 35' 48" 
W; 



(ii) Unnamed tributary, north of a line 
beginning at a point on the west shore 
35' 16' 50" N - 76° 36' 27" W; running 
099° (M) to a point on the east shore 
35° 16' 50" N - 76° 36' 24" W; 

(C) Eastham Creek: 

(i) Slade I anding Creek, south of a line 
beginning at a point on the west shore 
35° 17' 32" N - 76° 35' 59" W; running 
139° (M) to a point on the east shore 
35° 17' 29" N - 76° 35' 54" W; 

(ii) Mallard Creek, north of a line begin- 
ning at a point on the west shore 35° 
17' 49" N - 76° 36' 09" W; running 
122° (M) to a point on the east shore 
35° 17' 47" N - 76° 36' 04" W; 

(D) Mud Gut. north and east of a line be- 
ginning at a point on the south shore 35° 
17' 48" N - 76° 36' 46" W; running 349° 
(M) to a point on the north shore 35° 17' 
52" N - 76° 36' 48" W; 

(E) Wilkerson Creek, east of a line begin- 
ning at a point on the south shore 35° IS' 
20" N - 76° 36' 44" W; running 025° (M) 
to a point on the north shore 35° 18' 23" 
X - 76 : 36' 45" W; 

(E) Dixon Creek, east of a line beginning 
at a point on the north shore 35° 18' 53" 
N - 76° 36' 37" W; running 205° (M) to 
a point on the south shore 35° 18' 37" N 
- 76= 36' 42" W; 
(3) Oyster Creek; Middle Prong: 

(A) Oyster Creek: 

(i) West of a line beginning at a point on 
the north shore 35° 19' 29" N - 76° 34' 
02" W; running 166° (M) to a point on 
the south shore 35' 19' 25" N - 76° 34' 
00" W; 

(ii) Duck Creek, south of a line beginning 
at a point on the west shore 35° 19' 06" 
N - 76° 33' 18" W; running 055' (M) 
to a point on the east shore 35° 19' 10" 
N - 76° 33' 12" W; 

(B) James Creek, southwest of a line be- 
ginning at a point on the north shore 35 = 
18' 36" N - 76= 32' 20" \V; running 136° 
(M) to a point on the southeast shore 35' 
IS' 28" N - 76° 32' 05" \V: 

(C) Middle Prong, south of a line beginning 
at a point on the west shore 35° 17' 50" 
N - 76° 32' 06" W; running 141= (M) to 
a point on the east shore 35° 17' 43" N -- 
76= 31' 57" W; 

(D) Clark Creek: 

(i) Headwaters of Clark Creek, southeast 
of a line beginning at a point on the 
southwest shore 35= IS 06" N - 76' 31' 
12" W; running 056° (M) to a point on 



110 



5:1 XORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



the northeast shore 35° 18' 12" N - 76° 
31' 06" W; 
(ii) Boat Creek, east of a line beginning 
at a point of the south shore 35° 18' 24" 
N - 76° 31' 16" VV; running 358° (M) to 
a point on the north shore 35° 18' 32" 
N - 76° 31' 18" W; 
(E) Clark Creek, southeast of a line begin- 
ning at a point on the southwest shore 35° 
18' 06" N -- 76° 31' 12" VV; running 056° 
(M) to a point on the northeast shore 35° 
IS' 12" N - 76° 31106" W. 
(c) In the Western Pamlico Sound Area. 

( 1 ) Mouse I Iarbor: 

(A) Long Creek, north of a line beginning 
at a point on the west shore 35° 18' 26" 
N -- 76° 29' 48" VV; running 070° (M) to 
a point on the cast shore 35° 18' 30" N -- 
76° 29' 37" VV; 

(B) Small tributary east of Long Creek, 
northeast of a line beginning at a point on 
the west shore 35° 18 r 31" N - 76° 29' 13" 
VV; running 137° (M) to a point on the 
cast shore 35° 18' 28" N -- 76° 29' 10" VV; 

(C) Cedar Creek and adjacent tributary, 
south of a line beginning at a point on the 
west shore 35° 16' 54" N - 76° 29' 53" 
VV; running 136° (M) to a point on the 
east shore 35° 16' 39" N - 76° 29' 31" VV; 

(2) Big Porpoise Bay, west of a line beginning 
at a point on the north shore 35° 15' 44" 
N - 76° 29' 29" VV; running 154° (M) to 
a point on the south shore 35° 15' 38" N 
- 76° 29' 22" VV; 

(3) Middle Bay, west of a line beginning at a 
point on the south shore 35° 14' 22" N -- 
76° 31' 14" VV; running 055° (M) to a 
point on the north shore 35° 14' 36" N -- 
76° 30' 50" VV; 

Little Oyster Creek, north of a line begin- 
ning at a point on the west shore 35° 14' 
28" N - 76° 30' 14" VV; running 074° (M) 
to a point on the east shore 35° 14' 35" 
N - 76° 29' 59" VV; 

(4) Jones Bay, west of the IVVW: 

(A) Little Drum Creek/Little Eve Creek, 
two small tributaries on the south shore 
at the mouth of Jones Bay, south of a line 
beginning at a point on the west shore 35° 
12 r 26" N - 76° 31' 46" VV; running 104° 
(M) to a point on the east shore 35° 12' 
20" N - 76° 31' 16" VV; 

(B) Ditch Creek, south of a line beginning 
at a point on the west shore 35° 13' 21" 
N - 76° 33' 40" VV; running 115° (M) to 
a point on the cast shore 35° 13' 14 N -- 
76° 33' 14" VV; 



(C) Lambert Creek, west of a line beginning 
at a point on the south shore 35° 13' 49" 
N - 76° 34' 20" VV; running 016° (M) to a 
point on the north shore 35° 13' 50" N - 
76° 34' 19" VV; 

(D) Headwaters of Jones Bay, (west of the 
IVVW), west of a line beginning at a point 
on the south shore 35° 14' 25" N - 76° 
35' 26" VV; running 009° (M) to a point 
on the north shore "at 35° 14' 28" N - 76° 
35' 26" VV; 

(E) Bills Creek, north of a line beginning 
at a point on the west shore 35° 14' 29" 
N - 76° 34' 47" VV; running 150° (M) to a 
point on the east shore 35° 14' 26" N - 76° 
34' 43" VV; 

(F) Doll Creek, north of a line beginning 
at a point on the west shore 35° 14' 20" 
N - 76° 34' 14" VV; running 129° (M) to 
a point on the east shore 35° 14' 15" N — 
76° 34' 04" VV; 

(G) Drum Creek, north of a line beginning 
at a point on the west shore 35° 14' 10" 
N - 76° 33' 17" VV; running 116° (M) to 
a point on the east shore 35° 14' 08" N — 
76° 33' 05" VV. 

(f) In the Bay River Area: 

(1) Mason Creek, southeast of a line begin- 
ning at a point on the southwest shore 35° 
08' 10" N - 76° 41' 39" VV; running 041° 
(M) to a point on the east shore 35° 08' 
15" N - 76° 41' 34" W; 

(2) Moore Creek, southeast of a line begin- 
ning at a point on the southwest shore 35° 
08' 52" N - 76° 40' IS" W; running 032° 
(M) to a point on the north shore 35° 08' 
58" N - 76° 40' 15" VV; 

(3) Small tributaries from Bell Point to Ball 
Creek, southwest of a line beginning at a 
point on the northwest shore 35° 09' 57" 
N - 76° 39' 26" VV; running 128° (M) to 
a point on the southeast shore 35° 09' 45" 
N - 76° 38' 54" VV; 

(4) Ball Creek-Cabin Creek, south of a line 
beginning at a point on the west shore 35° 
09' 39" N - 76 r 38' 01" VV; running 116° 
(M) to a point on the east shore 35° 09' 
34" N - 76° 37' 38" VV; 

(5) Bonner Bay: 

(A) Riggs Creek, west of a line beginning 
at a point on the north shore 35° 09' 24" 
N - 76° 36' 15" VV; running 156° (M) to 
a point on the south shore 35° 09' 13" N 
- 76° 36' 07" VV; 

(B) Spring Creek, west of a line beginning 
at a point on the north shore 35° 08' 29" 
N - 76° 36' 13" VV; running 165° (M) to 



5: / NOR TH CA ROLINA REGIS TER April 



1990 



III 



PROPOSED RULES 



a point on the south shore 35° 08' 20" N 
-- 76° 36' 07" \V; 

(C) Bryan Creek, south of a line beginning 
at a point on the west shore 35° 08' 22" 
N - 76° 35' 53" W; running 069° (M) to 
a point on the east shore 35° 08' 25" N -- 
76° 35' 43" W; 

(D) Dipping Vat Creek, east of a line be- 
ginning at a point on the north shore 35° 
09' 17" N -- 76° 34' 21" W; running 164° 
(M) to a point on the south shore 35° 09' 
09" N - 76° 34' 18" W; 

(E) Long Creek, south of a line beginning 
at a point on the west shore i5° 08' 12" 
N - 76= 34' 38" \V; running 098° (M) to 
a point on the east shore 35° 08' 12" N -- 
76° 34' 30" W; 

(F) Small tributary off long Creek, west 
of a line beginning at a point on the north 
shore 35° 08' i(T N - 76° 34' 42" \V; 
running 164° (M) to a point on the south 
shore 35° 08' 24" N - 76° 34' 38" W; 

(6) Rock Hole Bay, northeast of a line be- 
ginning at a point on the west shore 35' 
11' 39" N -- 76° 32' 36" W; running 150° 
(M) to a point on the east shore 35° 11' 
16" N - 76° 32' 15" W; 

(7) Dump Creek, north of a line beginning 
at a point on the west shore 35° 11' 42" 
N - 76° 33' 27" \V; running 057° (M) to 
a point on the east shore 35° 1 1' 48" N -- 
76° 33' 20" W; 

(8) Tributaries east of IWW at Gales Creek, 
east of a line beginning at a point on the 
north shore of the northern tributary' 35° 
12' 54" N -- 76° 35' 29" W; running 158° 
(M) to a point on the south shore of the 
southern tributary 35° 12' 22" N -- 76° 35' 
06" W; 

(9) Gales Creek and adjacent tributary, west 
of a line beginning at a point on the north 
shore of Gales Creek 35° 12' 55" N - 76= 
35' 46" W; running 160° (\1) to a point 
on the south shore of adjacent creek 35° 
12' 27" N - 76 35' 25" W; 

(10) Chadwick Creek and No Jacket ('reek, 
north of a line beginning at a point on the 
west shore 35° 11' 58" N - 76° 35' 56" 
\V; running 079° (M) to a point on the 
east shore 35° 12' 04" N - 76° 35' 33" W; 

(11) Bear Creek, north of a line beginning at 
a point on the west shore 35° 11' 35" N 
- 76° 36' 22" \V; running 037° (M) to a 
point on the east shore 35° 11' 44" N -- 
76° 36' 15" W; 

(12) I ittle Bear Creek, north of a line begin- 
ning at a point on the west shore 35 c 1 1' 
06" N - 76° 36' 20" \V; running 045° (M) 



to a point on the east shore 35° 11' 16" 
N - 76° 36' 07" W; 

(13) All small tributaries to Bay River from 
Petty Point to Sanders Point, closed at 
mouth; 

( 14) In Vandemere Creek: 

(A) Cedar Creek, north of a line beginning 
at a point on the west shore 35° 11 13" 
N - 76° 39' 36" W; running 078° (M)toa 
point on the east shore 35° 1 1 ' 14" N - 76° 
39' 33" W; 

(B) Long Creek, east of a line beginning at 
a point on the north shore 35° 1 1' 27" N 

- 76° 38' 49" W; running 177° (M) to a 
point on the south shore 35° 11' 23" N - 
76° 38' 48" VV; 

(C) I ittle Vandemere Creek, north of a line 
beginning at a point on the west shore 35° 
12^ 07" N - 76° 39' 17" \V; running 120° 
(M) to a point on the east shore 35° 12' 
06" W - 76° 39' 14" W; 

(15) Smith Creek, north of a line beginning 
at a point on the west shore 35° 10' 23" 
N - 76° 40' 15" W; running 054° (M) to 
a point on the east shore 35° 10 27" N -- 
76° 40' 13" W; 

(16) Harper Creek, west of a line beginning 
at a point on the south shore 35° 09' 09" 
N -- 76° 41' 54" W; running 024° (M) to 
a point on the north shore 35° 09' 15" N 

- 76° 41' 51" W; 

(17) Chapel Creek, north of a line beginning 
at a point on the west shore 35° 08' 56" 
N - 76° 42' 52" W; running 076° (M) to 
a point on the east shore 35° OS' 58" N -- 
76° 42' 48" W; 

(IS) Swindell Bay, south of a line beginning 
at a point on the west shore 35° 08' 16" 
N - 76° 42' 57" W; running 135° (M) to 
a point on the east shore 35° OS' 13" N -- 
76° 42' 50" W. 
(g) In the Neuse River .Area North Shore. 

( 1) Swan Creek, west of a line beginning at 
a point on the north shore 35° 06' 46" N 

- 76° 33' 41" W; running 042° (M) to a 
point on the south shore 35° 06' IS N -- 
76° 34' 02" W; 

(2) Broad Creek: 

(A) Greens Creek, east of a line beginning 
at a point on the north shore 35° 06' 05" 
N - 76 35 28" \V; running 154 (M) to 
a point on the south shore 35° 06 00" N 

- 76° 35' 24 W; 

(B) Pittman Creek, north of a Line begin- 
ning at a point on the west shore 35 05' 
4\ N - 76° 36' 10" \V; running 068° (Ml 
to a point on the east shore 35' 05' 54" 
N - 76= 36' 02 W; 



112 



5:1 \ORTH CAROLLXA REGISTER April 2, 1990 



PROPOSED RULES 



(C) Burton Creek, west of a line beginning 
at a point on the south shore 35° 05' 37" 
N -- 76° 36' 32" W; running 034° (M) to 
a point on the north shore 35° 05' 43" N 
-- 76° 36' 30" W; 

(D) All small tributaries on the north shore 
of Broad Creek, north of a line beginning 
at a point on the west shore of the western 
most tributary 35° 05' 38" N -- 76° 37' 
49" W; running 109° (M) to a point on the 
east shore of the eastern most tributary 
35° 05' 27" N -- 76° 36' 47" W; 

(E) Brown Creek, northwest of a line be- 
ginning at a point on the southwest shore 
35° 05' 30" N -- 76° 37' 51" W; running 
032° (M) to a point on the northeast 
shore 35° 05' 37" N -- 76° 37' 48" W; 

(F) Broad Creek including Gideon Creek, 
west of a line beginning at a point on the 
south shore 35° 05' 18" N - 76° 37' 49" 
W; running 013° (M) to a point on the 
north shore 35° 05' 30" N - 76° 37' 51" 
W; 

(G) Tar Creek, south of a line beginning at 
a point on the west shore 35° 05' 15" N 
- 76° 37' 36" W; running 097° (M) to a 
point on the east shore 35° 05' 15" N — 
76° 37' 30" VV; 

(H) Small tributaries east of Tar Creek, 
south of a line beginning at a point on the 
west shore of the western tributary 35° 05' 
18" N -- 76° 37' 03" W; running 106° (M) 
to a point on the east shore of the eastern 
tributary 35° 05' 14" N -- 76° 36' 27" W; 

(I) Mill Creek and Cedar Creek, south of a 
line beginning at a point on the west shore 
of Mill Creek 35° 05' 26" N -- 76° 36' 02" 
VV; running 109° (M) to a point on the 
east shore of the eastern tributary 35° 05' 
22" N - 76° 35' 36" W; 

(3) Orchard Creek north of a line beginning 
at a point on the west shore 35° 03' 21" 
N -- 76° 38' 26" W; running 061° (M) to 
a point on the east shore 35° 03' 37" N -- 
76° 37' 58" W; 

(4) Pierce Creek, north of a line beginning 
at a point on the west shore 35° 02' 29" 
N -- 76° 40' 07" W; running 083° (M) to 
a point on the east shore 35° 02' 31" N — 
76° 40' 01" W; 

(5) Whittakcr Creek, north of a line begin- 
ning at a point on the west shore 35° 01' 
37" N - 76° 41' 12" \V; running 095° (M) 
to a point on the east shore 35° 01' 37" 
N - 76° 40' 58" W; 

(6) Oriental: 

(A) Smith and Morris Creek, north of a line 
beginning at a point on the west shore 35° 



02' 15" N - 76° 42' 19" W; running 096° 
(M) to a point on the east shore 35° 02' 
16" N - 76° 42' 12" W; 

(B) Tributary off Smith Creek west, west 
of a line beginning at a point on the north 
shore 35° 02' 10" N - 76° 42' 19" W; 
running 186° (M) to a point on the south 
shore 35° 02' 08" N - 76° 42' 19" W; 

(C) Tributary off Smith Creek, east, east 
of a line beginning at a point on the south 
shore 35° 02' 06" N. - 76° 42' 12" \V; 
running 026° (M) to a point on the north 
shore 35° 02' 08" N - 76° 42' 11" W; 

(D) Creek west of Dewey Point, north of a 
line beginning at a point on the west shore 
35° 01' 34" N - 76° 42' 35" W; running 
049° (M) to a point on the west shore 35° 
01' 36" N - 76° 42' 32" W; 

(E) Two tributaries on the south shore of 
Greens Creek, south of a line beginning 
at a point on the west shore of the western 
creek 35° 01' 24" N - 76° 42' 49" W; 
running 110° (M) to a point on the east 
shore of the eastern creek 35° 01' 19" N 

- 76° 42' 27" W; 

(F) Greens Creek, west of a line beginning 
at a point on the north shore 35° 01' 34" 
N - 76° 43' 02" W; running 154° (M) to 
a point on the south shore 35° 01' 28" N 

- 76° 42' 57" VV; 

(G) Kershaw Creek, north of a line begin- 
ning at a point on the west shore 35° 01' 
34" N - 76° 43' 02" W; running 070° (M) 
to a point on the east shore 35° 01' 38" 
N - 76° 42' 53" VV; 

(II) Windmill Point, southwest of a line 
beginning at a point on the northwest 
shore 35° 01' 11" N - 76° 42' 18" VV; 
running 130° (M) to a point on the 
southeast shore 35° 01' 09" N - 76° 42' 
14" VV. 

(7) Dawson Creek: 

(A) Unnamed eastern tributary of Dawson 
Creek, cast of a line beginning at a point 
on the north shore 35° 00' 12" N - 76° 45' 
19" VV; running 155° (M) to a point on 
the south shore 35° 00' 07" N - 76° 45' 15" 
VV; 

(B) Unnamed tributary of Dawson Creek 
(at mouth), south of a line beginning at a 
point on the east shore 34' 59' 39" N - 76° 
45' 09" VV; running 256° (M) to a point 
on the south shore"34° 59' 38" N - 76 c 45' 
14" VV; 

(8) Beard Creek tributary, southeast of a line 
beginning at a point on the north shore 
35° 00' 17" N - 76° 51' 55" VV; running 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



113 



PROPOSED RULES 



214° (M) to a point on the southwest 
shore 35° 00' 12" N - 76° 51' 58" W. 
(h) In the Neuse River Area South Shore: 

( 1 ) Clubfoot Creek, south of a line beginning 
at a point on the west shore 34° 52' 15" 
N - 76° 45' 48" W; running 095° (M) to 
a point on the east shore 34° 52' 15" N - 
76° 45' 36" W: 

(A) Mitchell Creek, west of a line beginning 
at a point on the south shore 34° 54' 15" 
N -- 76° 45' 51" W; running 021° (M) to 
a point on the north shore 34° 54' 25" N 

- 76° 45' 48" W; 

(B) Gulden Creek, east of a line beginning 
at a point on the south shore 34° 54' 04" 
N - 76° 45' 31" W; running 032° (M) to 
a point on the north shore 34° 54' 12" N 

- 76° 45' 20" W; 

(2) Adams Creek: 

(A) Godfrey Creek, southwest of a line be- 
innninu at a point on the northwest shore 
34° 57^ 18" N - 76° 41' 08" YV; running 
151° (M) to a point on the south shore 
34° 57' 16" N - 76° 41' 05" W; 

(B) Delamar Creek, southwest of a line be- 
ginning at a point on the northwest shore 
34° 57^ 02" N - 76° 40' 45" YV; running 
138° (M) to a point on the south shore 
34° 57' 00" N - 76" 40' 43" W; 

(C) Kellum Creek, west of a line beginning 
at a point on the north shore 34° 55' 28" 
N -- 76° 39' 50" W; running 160° (M) to 
a point on the south shore 34° 55' 25" N 

- 76° 39' 50" YV; 

(D) Kearney Creek and unnamed tributary 
north, west of a line beginning at a point 
on the north shore of the north creek 34° 
55' 04" N - 76° 40' 00" W; running 1 ( >4 
(M) to a point on the south shore of 
Kearney Creek 34° 54' 58" N - 76° 40' 
01" W; 

(E) Isaac Creek, southeast of a line begin- 
ning at a point on the west shore 34° 54' 
16" N - 76° 40' 07" YV; running 102° (M) 
to a point on the cast shore 34° 54' 15" 
X - 76= 40' 02" W; 

(I ) Back Creek, south of a line beginning 
at a point on the west shore 34° 54' 33" 
N - 76° 39' 43" YV; running 059° (M) to 
a point on the east shore 34° 54' 38" N -- 
76° yr 33" YV; 

(G) Cedar Creek, south of a line beginning 
at a point on the west shore 34° 55' 45" 
N - 76° 38' 38" YV; running 095° (M) to 
a point on the east shore 34° 55' 45" N -- 
76° 38' 32" YV; 

(II) Jonaquin Creek, north of a line begin- 
ning at a point on the west shore 34' 56' 



06" N - 76° 38' 32" YV; running 095° (M) 
to a point on the east shore 34° 56' 06" 
N - 76° 38' 30" YV; 
(I) Dumpling Creek, east of a line beginning 
at a point on the north shore 34° 56' 54" 
N - 76° 39' 33" W; running 142° (M) to 
a point on the south shore 34° 56' 52" N 

- 76° 39' 31" YV; 

(J) Sandy Huss Creek, north of a line be- 
uinninsi at a point on the west shore 34° 
57' 14" N - 76° 39' 50" YV; running 116° 
(M) to a point on the east shore 34° 57' 
10" N - 76° 39' 43" YV; 

(3) Garbacon Creek, south of a line begin- 
ning at a point on the west shore 34° 59' 
00" N - 76° 38' 34" YV; running 097° (M) 
to a point on the east shore 34° 59' 00" 
N - 76° 38' 30" YV; 

(4) South River: 

(A) Big Creek, southwest of a line begin- 
ning at a point on the northwest shore 34° 
56' 55" N - 76° 35' 22" YV; running 160° 
(M) to a point on the southeast shore 35° 
56' 49" N - 76° 35' 16" YV; 

(B) Horton Bay, north of a line beginning 
at a point on the west shore 34° 59' 08" 
N - 76° 34' 44" YV; running 088° (M) to a 
point on the west shore 34° 59' 11" N - 
76° 34' 30" YV; 

(5) Brown Creek, south of a line beginning 
at a point on the west shore 34° 59' 51" 
N - 76° 33' 34" YV; running 097° (M) to 
a point on the east shore 34° 59' 51" N -- 
76° 33' 30" YV; 

(6) Turnagain Bay: 

(A) Abraham Bay, west of a line beginning 
at a point on the north shore 35° 00' 09" 
N - 76° 30' 48" YV; running 187° (M) to 
a point on the south shore 34° 59' 50" N 

- 76° 30' 44" YV; 

(B) Broad Creek and adjacent tributary, 
west of a line from a point on the north 
shore 34° 59' 11" N - 76° 30' 26" YV; 
running 151° (M) to a point on the south 
shore 34° 58' 57" N - 76° 30' 08" YV; 

(C) Mulberry Point Creek, lump Creek 
and adjacent tributary, cast of a line be- 
ginning at a point on the north shore 35° 
00' 28" N - 76° 29' 47" YV; running 166° 
(M) to a point on the south shore 34 J 59' 
40" N - 76° 29' 23" YV; 

(D) Deep Gut, east of a line beginning at a 
point on the north shore 34° 59' 35" N 

- 76° 29' 03" YV; running 156° (M) to a 
point on the south shore 34° 59' 28" N -- 
76° 28' 58" YV; 

(E) Big Gut. southeast of a line beginning 
at a point on the north shore 34 : 59' 04" 



114 



5:1 SORTH CAROLINA REGISTER April 2,1990 



PROPOSED RULES 



N - 76° 28' 44" VV; running 219° (M) to a 
point on the south shore 34° 58' 55" N - 
76° 28' 44" W. 
(i) West Bay; Long Bay Area: 

(1) Fur Creek and Henrys Creek, west of a 
line beginning at a point on the north 
shore 34° 56' 33" N -- 76° 27' 42" W; 
running 156° (M) to a point on the south 
shore 34° 56' 23" N -- 76° 27' 28" VV; 

(2) Cadduggen Creek, west of a line begin- 
ning at a point on the north shore 34° 56' 
26" N -- 76° 23' 59" VV; running 143° (M) 
to a point on the south shore 34° 56' 17" 
N -- 76° 23'41"W. 

(j) Core Sound Area: 

(1) Cedar Island Bay, northwest of a line 
beginning at a point on the southwest 
shore 34° 59' 00" N -- 76° 17' 58" VV; 
running 038° (M) through Beacon No. 6 
to a point on the northeast shore 34° 59' 
45" N - 76° .17' 25" W; 

(2) Lewis Creek, north of a line beginning at 
a point on the west shore 34° 56' 56" N 

- 76° 16' 54" VV; running 097° (M) to a 
point on the east shore 34° 56' 56" N -- 
76° 16' 51" VV; 

(3) Thorofare Bay: 

(A) Tributary off upper Thorofare Bay, 
southwest of a line beginning at a point 
on the northwest shore 34° 55' 27" N -- 
76° 21' 28" VV; running 132° (M) to a 
point on the southeast shore 34° 55' 22" 
N - 76° 21' 16" VV; 

(B) Barry's Bay, west of a line beginning 
at a point on the north shore 34° 54' 30" 
N -- 76° 20' 48" VV; running 155° (M) to 
a point on the south shore 34° 54' 24" N 

- 76° 20' 35" W; 

(4) Nelson Bay: 

(A) Willis Creek and Fulchers Creek, west 
of a line beginning at a point on the north 
shore of Willis Creek 34° 51' 06" N -- 76° 
24' 36" VV; running 194° (M) to a point 
on the south shore of Fulchers Creek 34° 
50' 11" N -- 76° 24' 54" W; 

(B) Lewis Creek, west of a line beginning 
at a point on the south shore 34 51 44 
N - 76° 24' 40" VV; running 011° (M) to 
a point on the north shore 34° 51' 54" N 

- 76° 24' 39" VV; 

(5) Cedar Creek between Sea Level and At- 
lantic, west of a line beginning at a point 
on the south shore 34 : 52' 00" N - 76° 
22 44 VV; running 007° (M) to a point 
on the north shore 34° 52' 03" N - 76° 
22' 44" VV; 

(6) Oyster Creek, northwest of the Highway 
70 bridge; 



(7) Jarretts Bay Area: 

(A) Smyrna Creek, northwest of the High- 
way 70 bridge; 

(B) Ditch Cove and adjacent tributary, east 
of a line beginning at a point on the north 
shore 34° 48' 00" N - 76° 28' 26" VV; run- 
ning 017° (M) to a point on the south 
shore 34° 47' 35" N - 76° 28' 30" W; 

(C) Broad Creek, north of a line beginning 
at a point on the west shore 34° 47' 53" 
N - 76° 29' 18" W; running 081° (M) to a 
point on the east shore 34° 47' 58" N - 76° 
28' 59" VV; 

(D) Howland Creek, northwest of a line 
beginning at a point on the southwest 
shore 34° 47' 21" N - 76° 29' 53" VV; run- 
ning 050° (M) to a point on the northeast 
shore 34° 47' 26" N - 76° 29' 47" VV; 

(E) Great Creek, southeast of a line begin- 
ning at a point on the southwest shore 34° 
47' OS" N - 76° 29' 12" VV; running 053° 
(M) to a point on the northeast shore 34° 
47' 17" N- 76° 29' 02" VV; 

(F) Williston Creek, northwest of the 
Highway 70 bridge; 

(G) Wade Creek, northwest of a line be- 
ginning at a point on the south shore 34° 
46' 10" N - 76° 30' 22" VV; running 042° 
(M) to a point on the north shore 34° 46' 
17" N - 76° 30' 17" VV; 

(H) Jump Run, north of a line beginning 
at a point on the west shore 34° 45' 31" 
N - 76° 30' 26" VV; running 097° (\I) to 
a point on the west shore 34° 45' 31" N 

- 76° 30' 21" W; 

(I) Middens Creek, west of a line beginning 
at a point on the south shore 34° 45' 23" 
N - 76° 30' 59" VV; running 007° (M) to 
a point on the north shore 34° 45' 29" N 

- 76° 30' 59" VV; 

(J) Tusk Creek, northwest of a line begin- 
ning at a point on the southwest shore 34° 
44' 37" N - 76° 30' 47" VV; running 033° 
(M) to a point on the north shore 34° 44' 
48" N - 76° 30' 38" VV; 

(K) Creek west of Bells Island, west of a 
line beginning at a point on the north 
shore 34° 43' 56" N - 76° 30' 26" VV; 
running 161° (M) to a point on the south 
shore 34= 43' 46" N - 76° 30' 23" VV. 
(k) Straits. North River, Newport River Area. 
(1) Straits: 

(A) Sleepy Creek, north of a line beginning 
at a point on the west shore 34° 43' 21" 
N - 76° 31' 32" VV; running 096° (M) to 
a point on the east shore 34 ? 43' 21" N — 
76° 3 L 20" W; 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



115 



PROPOSED RULES 



(B) Whitehurst Creek, north of a line from 
a point on the west shore 34° 43' 28" N 
-- 76° 33' 22" W; running 072° (M) to a 
point on the east shore 34° 43' 33" N — 
76° 33' 13" W; 

(2) North River, north of Highway 70 bridge: 

(A) Ward Creek, north of Highway 70 
bridge: 

(i) North Leopard Creek, southeast of a 
line beginning at a point on the south- 
west shore 34° 45' 57" N -- 76° 34' 27" 
VV; running 055° (M) to a point on the 
northeast shore 34° 46' 01" N - 76° 34' 
19" W; 

(ii) South Leopard Creek, southeast of a 
line beginning at a point on the south- 
west shore 34° 45' 29" N - 76° 34' 47" 
W; running 057 D (M) to a point on the 
northeast shore 34° 45' 33" N - 76° 34' 
40" W; 

(B) Turner Creek (Gibbs Creek), west of a 
line beginning at a point on the south 
shore 34° 43' 23" N - 76° 37' 43" W; 
running 012° (M) to a point on the north 
shore 34° 43' 30" N - 76° 37' 40" W; 

(3) Newport River, west of a line beginning 
at a point at Lawton Point 34° 45' 41" N 

- 76° 44' 03" W; running 356° (M) to a 
point on the north shore 34° 46' 34" N - 
76° 44' 18" VV; 

(A) Russel Creek, north of a line beginning 
at a point on the west shore 34° 45' 36" 
N - 76° 39' 47" W; running 097° (M) to 
a point on the east shore 34" 45' 35" N — 
76° 39' 46" \V; 

(B) Ware Creek, northeast of a line begin- 
ning at a point on the northwest shore 34° 
46' 28" N - 76° 40' 30" W; running 153° 
(M) to a point on the southeast shore 34° 
46' 23" N - 76" 40' 27" VV; 

(C) Bell Creek, northeast of a line begin- 
ning at a point on the northwest shore 34° 
47' 19" N - 76' 40' 58" VV; running 166° 
(M) to a point on the southeast shore 34° 
47' 02" N - 76° 40' 56" VV; 

(D) Eastman Creek, east of a line beginning 
at a point on the north shore 34° 47' 57" 
N - 76° 41' 04" VV; running 184° (M) to 
a point on the south shore 34' 47' 47" N 

- 76° 41' 04" VV; 

(E) Oyster Creek, north of a line beginning 
at a point on the west shore 34° 46' 32" 
N - 76 : 42 32" VV; running 080° (M) to 
a point on the cast shore 34 : 46' 37" N -- 
76° 42' 14" VV; 

(F) Harlow Creek, north of aline beginning 
at a point on the west shore 34° 46 41" 
N - 76 : 43' 28" VV; running 060° (M) to 



a point on the northeast shore 34° 46' 50" 
N- 76° 43' 15" VV; 
(G) Calico Creek, west of a line beginning 
at a point on the north shore 34° 43' 42" 
N - 76° 43' 11" VV; running 208° (M) to 
a point on the south shore 34° 43' 37" N 

- 76° 43' 13" VV; 

(H) Crab Point Bay, northwest of a line 
beginning at a point on the southwest 
shore 34° 44' 03" N - 76° 43' 09" VV; 
running 047° (M) to a point on the nor- 
theast shore 34° 44' 08" N - 76° 43' 05" 
VV. 
(1) Bogue Sound; Bogue Inlet Area: 

(1) Gales Creek, above the Highway 24 
bridge; 

(2) Broad Creek, above the Highway 24 
bridge; 

(3) Goose Creek, north of a line beginning 
at a point on the west shore 34° 41' 46" 
N - 77° 00' 45" VV; running 070° (M) to 
a point on the east shore 34° 41' 51" N -- 
77° 00' 32" VV; 

(4) Archer Creek, west of a line beginning at 
a point on the north shore 34° 40' 27" N 

- 77° 00' 47" VV; running 186° (M) to a 
point on the south shore 34° 40' 22" N -- 
77° 00' 47" VV; 

(5) White Oak River, north of a line begin- 
ning at a point on the west shore 34° 45' 
27" N - 77° 07' 39" VV; running 095° (M) 
to a point on the east shore 34° 45' 27" 
N - 77° 07' 07" VV; 

(A) Pettiford Creek, east of a line beginning 
at a point on the north shore 34° 42' 51" 
N - 77° 05' 24" VV; running 175° (M) to 
a point on the south shore 34° 42' 37" N 

- 77° 05' 20" VV. 

(B) Holland Mill Creek, west of a line be- 
ginning at a point on the north shore 34° 
43' 49 r N - 77° 11' 58" VV; running 184° 
(M) to a point on the south shore 34° 43' 
38" N - 77° 11' 58" VV. 

(6) Hawkins Creek, north of a line beginning 
at a point on the west shore 34° 41' 06" 
N - 77° 07' 44" VV; running 085° (M) to a 
point on the east shore 34° 41' 07" N - 77° 
07' 35" VV; 

(7) Queen's Creek, north of country road 
number 1509 bridge: 

(A) Dick's Creek, west of a line beginning 
at a point on the south shore 34° 39' 55" 
X .. 77-- 09' 21 VV; running 338° (M) to 
a point on the north shore 34° 39' 58" N 

- 77° 09' 21" VV; 

(B) Parrot Swamp, west of a line beginning 
at a point on the south shore 34 : 40 22 
N - 77° 09' 39" VV; running 333 r (M) to 



116 



5:1 .XORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



a point on the north shore 34° 40' 36" N 

- 77° 09' 48" W; 

(C) Hall's Creek, east of a line beginning 
at a point on the south shore 34° 41' 00" 
N - 77° 09' 42" W; running 337° (M) to 
a point on the north shore 34° 41' 06" N 
.. 77° 09' 44" W; 
(8) Bear Creek, west of Willis Landing, 
(m) New River Area: 

(1) Salliers Bay area, all waters north and 
northwest of the IWW beginning at a 
point on Cedar Point 34° 32 r 48" N - 77° 
19' 14" W to Beacon No. 58 34° 37' 56" 
N -- 77° 12' 20" W including Howard Bay, 
Mile Hammock Bay, Salliers Bay, and 
Freeman Creek; 

(2) New River Inlet area (including Hellgate 
Creek and Ward's Channel), all waters 
south of the IWW from Beacon No. 65 
34° 32' 41" N -- 77= 18° 57" W to Beacon 
No. 15 34° 31' 03" N -- 77° 22' 18" W, 
excluding the marked New River Inlet 
Channel; 

(3) New River: 

(A) Trap's Bay, northeast of a line begin- 
ning at a point on the east shore 34° 33' 
47" N -- 77° 20' 25" W; running 317° (M) 
to a point on the west shore 34° 34' 07" 
N -- 77° 20' 59" W; 

(B) Courthouse Bay: 

(i) Tributary of Courthouse Bay, south- 
east of a line beginning at a point on 
Harvey's Point 34° 34' 59" N - 77° 22' 
25" W; running 066° (M) to a point on 
the east shore 34° 35' 05" N - 77° 22' 
11" W; 

(ii) Tributary of Courthouse Bay, north- 
west of a line beginning at a point on 
the west shore 34° 35' 02" N - 77° 22' 
40" W; running 057° (M) to a point on 
the east shore 34° 35' 10" N - 77° 22' 
31" W; 

(iii) Rufus Creek, east of a line beginning 
at a point on Wilken's Bluff 34° 34 19" 
N - 77° 21' 41" W; running 002° (M) 
to a point on the north shore 34° 34' 
27" N - 77° 21' 41" W; 

(C) Wheeler Creek, south of a line begin- 
ning at a point on Poverty Point 34° 34' 
04" N - 77° 23' 15" W; running 267° (M) 
to a point on the west shore 34" 34' 03" 
N - 77° 23' 26" W; 

( D) Fannie Creek, west of a line beginning 
at a point on the south shore 34° 34' 07" 
N - 77° 23' 35" W; running 333° (M) to 
a point on the north shore 34° 34' 08" N 

- 77° 23' 40" W; 



(E) Snead's Creek, northwest of a line be- 
ginning at a point on the east shore 34° 
35' 19" N - 77° 23' 31" W; running 219° 
(M) to a point on the west shore 34° 35' 
17" N - 77° 23' 34" W; 

(F) Everette Creek, south of a line begin- 
ning at a point on the east shore 34° 34' 
13" N - 77° 24' 44" W; running 273° (M) 
to a point on the west shore 34° 34' 12" 
N - 77° 24' 49" W; 

(G) Stone's Creek, southwest of a line be- 
ginning at a point on the southeast shore 
34° 36' 34" N - 77° 26' 51" W; running 
301° (M) to a point on the northwest 
shore 34° 36' 37" N - 77° 26' 52" W; 

(H) Muddy Creek, north of a line beginning 
at a point on the west shore 34° 36' 52" 
N - 77° 26' 38" W; running 087° (M) to 
a point on the east shore 34° 36' 52" N -- 
77° 26' 37" W; 

(1) Mill Creek, north of a line beginning at 
a point on the west shore 34° 37' 11" N 

- 77° 25' 47" W; running 109° (M) to a 
point on the east shore 34° 37' 11" N -- 
77° 25' 37" W; 

(J) Whitehurst Creek, west and south of a 
line beginning at a point on the south 
shore 34° 38' 04" N - 77° 22' 37" YV; 
running 280° (M) to a point on the north 
shore 34° 38' 04" N - 77° 22' 38" W; 

(K) Town Creek, west of a line beginning 
at a point on the south shore 34° 39' 34" 
N - 77° 23' 06" W; running 007° (M) to 
a point on the north shore 34° 39' 37" N 

- 77° 23' 06" W; 

(L) Lewis Creek, southwest of a line be- 
ginning at a point on the southeast shore 
34° 40' 56" N - 77° 24' 56" W; running 
301° (M) to a point on the northwest 
shore 34° 40' 55" N - 77° 24' 58" W; 

(M) Northeast Creek, east of a line begin- 
ning at a point on the south shore 34° 43' 
23" N - 77° 23' 35" W; running 316° (M) 
to a point at the mouth of Scale's Creek 
34° 43' 46" N - 77° 24' 06" W; 

(N) Southwest Creek, southwest of a luic 
beginning at a point on the east shore 34° 
4F30" N - 77° 25' 20" W; running 328° 
(M) to a point on the north shore 34' 41 
50" N - 77° 25' 40" W; 

(O) Upper New River, north of a line be- 
ginning at a point on Mumford Point 34° 
43' 15" N - 77° 25' 00" W; running 271° 
(M) through Beacon No. 53 to a point 
on the west shore 34° 43' 14" N - 77° 25' 
49" W; 
(4) Chadwick Bay. all waters between a line 
beginning at a point on Roses Point 34° 



5:7 NORTH CAROLINA REGISTER April 2, 1990 



117 



PROPOSED RULES 



32' 12" N -- 77° 22' 19" W; running 075° 
(M) to Marker No. 6 and the IWW: 

(A) Fullard Creek (including Charles 
Creek), northwest of a line beginning at a 
point on the south shore 34° 32' 03" N -- 
77° 22' 41" W; running 326° (M) to a 
point on the north shore 34° 32' 12" N — 
77° 22' 50" W; 

(B) Bump's Creek, north of a line begin- 
ning at a point on the west shore 34° 32' 
19" N -- 77° 22' 29" W; running 035° (M) 
to a point on the east shore 34° 32' 28" 
N -- 77° 22' 23" \V. 

(n) Stump Sound Area. 
Stump Sound, all waters north and south of 
IWW from Beacon No. 15 34° 31' 03" N -- 77° 
22' 17" W; to Marker No. 78 34° 25' 23" N - 77° 
34' 12" W; except 100 feet of either side of the 
IWW from Beacon No. 49 at Morris Landing to 
Marker No. 78 at the mouth of Beckys Creek 
and except the dredged canals at Old Settler's 
Beach and the dredged channel from the IWW 
north of Marker No. 57 to the Old Settler's 
Beach Canals. 

(o) Topsail Sound Area: 

(1) Virginia Creek, all waters northwest of a 
line beginning on the southwest shore at 
a point near the mouth 34° 24' 48" N - 
77° 35' 38" W; running 056° (M) 700 
yards to a point 34° 25' 02" N - 77° 35' 
19" W; thence running 074° (M) 1900 
yards and intersecting the nursery area line 
at Becky's Creek at a point 34° 25' 24" N 
- 77° 34' 16" W, with the exception of the 
natural channel as marked by the North 
Carolina Division of Marine Fisheries; 

(2) Old Topsail Creek, all waters northwest 
of a line beginning at a point on the 
southwest shore 34° 21' 33" N - 77° 40' 
37" W; running 065° (M) to a point on 
the northeast shore 34° 21' 43" N - 77° 40' 
14 W, with the exception of the dredged 
channel as marked by the North Carolina 
Division of Manne Fisheries; 

(3) Topsail Sound, all waters enclosed within 
a line starting at beacon "BC" 34° 24' 35" 
N - 77= 35' 43" W; running 174° (M) to 
a point 34° 23' 58" N -- 77° 35' 33" W; 
running 235 : (M) to a point 34° 21' 14" 
N - 77° 39' 18" W; running 300° (M) to 
Marker No. 16 34= 21' 32" N - 77° 40' 
15" W; running 056" (M) back to point 
of origin; 

(4) Mallard Bav Area, all waters northwest 
of the IWW from Beacon No. 93 34° 23' 
54 N - 77 = 36 43" W; to Beacon No. 96 
34= 22' 34" N -- 77= 38' 48" W. 

(p) Middle Sound Area: 



(1) Howard Channel and Long Point Chan- 
nel area, all waters southeast of the IWW 
from Beacon No. 98 34° 21' 33" N - 77° 
40' 32" W to a point on the north side of 
the Figure 8 Island Marina Channel 34° 
16' 28" N -- 77° 45' 35" W [with the ex- 
ception of Howard Channel from the 
IWW to New Topsail Inlet, Green 
Channel from Marker No. 105 to Rich's 
Inlet, Butler's Creek (L'tley's Channel) 
from the IWW, north of Marker No. 112, 
to Nixon's Channel, and Nixon's Channel 
from IWW to Rich's Inlet; Tributaries to 
above named channels will remain 
closed.]; 

(2) Futch Creek, northwest of a line begin- 
ning at a point on the north shore of 
Porter's Neck 34° 18' 00" N - 77° 44' 33" 
W; running 064" (M) to a point on Bal- 
deagle Point 34' 18' 09" N - 77° 44' 22" 
W; 

(3) Page's Creek, northwest of a line begin- 
ning at a point on the north shore 34° 16' 
46" N - 77= 46' 42" W; running 229° (M) 
to a point on the south shore 34° 16' 38" 
N - IT 46' 51" W; 

(4) All waters bound on the north by the 
Figure Eight Island Causeway, on the east 
by Mason's Channel, on the south by 
Mason's Inlet Channel and on the west 
by the Intracoastal Waterway, with the 
exception of Mason's Channel. 

(q) Greenville Sound Area: 

(1) Shell Island area, all waters east of the 
IWW from Marker No. 123 34° 14' 52" 
N - 77° 47' 00" W to a point on the north 
shore of Old Moore Inlet Channel 34° 13' 
56" N - 77° 47' 48" W; 

(2) Howe Creek (Moore's Creek), northwest 
of a line beginning at a point on the south 
shore 34° 14' 42~ r ' N - 77° 47' 26" W; 
running 030° (M) to a point on the north 
shore 34° 14' 53" N - 77° 47' 13" W; 

(3) Bradley Creek, west of Highway 17, 74 
and 76 bridge; 

(4) Wnghtsville Beach area, all waters in an 
area enclosed by a line beginning at a 
point across the IWW from the mouth of 
Bradley Creek 34 : 12' 21 " N - IT 49' 08" 
W, running 091' (M) to a point (near the 
Borrow Pit) 34= 12' 22" N - 77= 4S' 32" 
W, running 144" (M) to a point 34= 11' 
56" N - 77= 48' 19" W, running 224= (M) 
to a point 34° IF 20" N - 77° 49' 05" W; 
running 306° (M) to a point 34° IF 30" 
N . 77 r 49' 31" W; running 024° (M) back 
to point of origin. 

(r) Masonboro Sound Area: 



IIS 



5:1 NORTH CAROLINA REGISTER April 



1990 



PROPOSED RULES 



(1) Masonboro—Myrtle Grove Sound area 
(west side)— all waters west northwest of 
the I WW beginning at a point at the 
mouth of Bradley Creek 34° 12' 23" N - 
77° 49' 14" W; to Beacon No. 161 34° 03' 
32" N - 77° 53' 22" W; 

(2) Masonboro- Myrtle Grove Sound area 
(east side) - all waters south and southeast 
of a line beginning at a point on the north 
end of Masonboro Island 34° 11' 06" N - 
77° 48' 51" W; running 301° (M) to a 
point near I WW Marker No. 129 34° 11' 
22" N - 77° 49' 36" W; thence running 
along the east side of the I WW to Marker 
No. 161 34° 03' 32" N - 77° 53' 22" W; 
(with the exception of Old Masonboro 
Channel and Carolina Beach Inlet Chan- 
nel). 

(s) Cape Tear River Area: 

(1) Cape Fear River, all waters north of a line 
beginning at a point on the east shore 34° 
10' 25" N - 77° 57' 03" W; running 275° 
(M) through Beacon No. 53 to a point 
on the west shore 34° 10' 25" N -- 77° 57' 
46" W, and all waters north of a line be- 
ginning at a point on the east shore 34° 
04' 38" N - 77° 55' 28" W; running 275° 
(M) through Beacon No. 37 to a point 
on the west shore 34° 04' 38" N - 77° 56' 
31" W, with the exception of 300 yards 
east and west of the main shipping chan- 
nel up to Beacon No. 53 (mouth of 
Brunswick River); 

(2) The Basin (Ft. Fisher area), east of a line 
beginning at a point on the north shore 
33° 57' 17" N - 77° 56' 08" W; running 
156° (M) to a point on the south shore 
33° 57' 04" N - 77° 56' 07" W; 

(3) Walden Creek, northwest of county road 
No. 1528 bridge; 

(4) Baldhead Island Creeks: 

(A) Baldhead Creek, southeast of a line 
beginning at a point on the south shore 
33° 51' 42" N - 77° 59' 10" W; running 
070° (M) to a point on the north shore 
33° 52' 07" N - 77° 59' 06" W; 

(B) Cape Creek, southeast of a line begin- 
ning at a point on the south shore 33° 51' 
39" N - 77° 58' 28" W; running 026° (M) 
to a point on the north shore 33° 52' 05" 
N - 77° 58' 23" W; 

(C) Bluff Island Creek (Fast Beach Creek), 
south of a line beginning at a point on the 
west shore 33° 52' 39" N - 77° 58' 11" 
W; running 092° (M) to a point on the 
east shore 33° 52' 40" N - 77° 58' 07" W; 

(D) Deep Creek, south of a line from a 
point on the southwest shore 33° 52' 42" 



N - 77° 58' 05" W; running 046° (M) to 
a point on the northeast shore 33° 52' 46" 
N - 77° 58' 01" W; 

(5) Dutchman Creek, north of a line begin- 
ning at a point on the east shore 33° 55' 
07" N - 78° 02' 39" W; running 294° (M) 
to a point on the west shore 33° 55' 08" 
N - 78° 02' 44" W; 

(6) Denis Creek, west of a line beginning at 
a point on the south shore 33° 55' 00" N 
- 78° 03' 32" W; running 006° (M) to a 
point on the north shore 33° 55' 02" N -- 
78° 03' 32" W; 

(7) Piney Point Creek, west of a line begin- 
ning at a point on the south shore 33° 54' 
32" N - 78° 03' 32" W; running 007° (M) 
to a point on the north shore 33° 54' 37" 
N- 78° 03' 31" W; 

(8) Molasses, Coward and Smokehouse 
Creeks, all waters bound by the IWW and 
the Flizabeth River on the north and east, 
the Oak Island Coast Guard canal on the 
east, Oak Island on the south and the CP 
and F Discharge canal on the west; 

(9) Oak Island area, all waters north and 
south of the IWW from Marker No. 9 33° 
55' 12" N - 78° 03' 49" W; to Beacon No. 
18 33° 55' 45" N - 78° 10' 17" W. 

(t) Lockwoods Folly Inlet Area: 

(1) Davis Creek and Davis Canal, east of a 
line beginning at a point on the north 
shore 33° 55' 13" N - 78° 10' 43" W; 
running 198° (M) to a point on the south 
shore 33° 54' 59" N - 78° 10' 43" W; 

(2) Fockwoods Folly River, north of a line 
beginning at a point on the east shore 33° 
56' 35" N - 78° 12' 47" W; running 268° 
(M) to a point on the west shore 33° 56' 
34" n - 78° 13' 24" W; 

Spring Creek (Galloway Flats area), all 
waters northwest of a line beginning at a 
point on the south shore 33° 55' 31" N -- 
78° 13' 48" W; running 040° (M) to a 
point on the north shore 33° 55' 41" N -- 
78° 13' 42" W. 
(u) Shallotte Inlet Area: 

(1) Shallotte River, north of a line beginning 
at a point on Bill Holden's handing 33° 
55' 52" N - 78° 22' 07" W; running 024° 
(M) to a point on Gibbins Point 33° 56' 
20" N - 78° 21' 54" W; 

(2) Shallotte River, excluding Gibbs Creek, 
north of a line beginning at I ong Point 
33° 54' 20" N - 78° 21' 42" W; running 
312° (M) to a point on Sage Island 33° 54' 
37" N - 78° 22' 06" W; east of a line be- 
ginning at Sage Island running 026° (M) 
To a point 33° 55' 06" N - 78° 22' 09" W, 



5:1 NORTH CAROLINA REGISTER April 



1990 



119 



PROPOSED RULES 



and south of a line beginning at the pre- 
vious point running 081° (M) to a point 
on the shore 33' 55' 18" N - 78° 21' 35" 
W. 

(3) Shallotte Creek (Little Shallotte River), 
east of a line beginning at a point on Shell 
Landing 33° 55' 44" N -- 78° 21' 40" W; 
running 159° (M) to a point on Boone's 
Neck Point 33° 55' 35" N - 78° 21' 34" 
W; 

(4) Saucepan Creek, northwest of a line be- 
ginning at a point on the east shore 
(■mouth of Old Mill Creek) 33° 54' 56" N 

- 78° 23' 28" W; running 182° (M) to a 
point on the west shore 33° 54' 41" N -- 
78° 23' 28" W; 

(5) Old Channel area, all waters south of the 
IYVW from Beacon No. 83 33° 54' 16" 
N - 78° 23' 17" W; to Ocean Isle Beach 
bridge 33' 53' 44" N - 78° 26' 22 " W; ex- 
cept the dredged finger canals at Ocean 
Isle Beach located on the south side of the 
I WW between the Ocean Isle Beach 
Bridge and I WW Marker No. 90. 

(v) Little River Inlet Area: 

( 1 ) Gause Landing area, all waters north of 
the IWW from Beacon No. 90 33° 53' 53" 
N - 78° 25' 37" W to the South Carolina 
line; 

(2) Eastern Channel Area: 

(A) Needhamhole Creek, north of a line 
beginning at a point on the east shore 33° 
Sy 19" N - 78° 26' 48" W; running 274° 
(M) to a point on the west shore 33° 53' 
19" N - 78° 26' 51" W; 

(B) Springbranch Creek, north of a line 
beginning at a point on the east shore 33° 
53 r u" N - 78° 27' 17" W; running 250° 
(M) to a point on the west shore 33° 53' 
13" N - 78° 27' 21" W; 

(C) Goldmine Creek, north of a line be- 
ginning at a point on the east shore 33° 
53 13" N - 78° 27' 33" W; running 260° 
(M) to a point on the west shore 2>y 53' 
13" N - 78° 27' 36" W; 

(D) Clam Creek, north of a line beginning 
at a point on the east shore 33° 53' 12" N 

- 78° 27' 55" W; running 219° (M) to a 
point on the west shore 33° 53' 10" N -- 
78° 27' 55" W; 

(E) Sol's Creek, all waters north of a line 
beginning at a point on the east shore 33° 
53 r 02" N - 7S° 28' OS" W; running 224° 
(M) to a point on the west shore 33° 53' 
00" N - 78° 28' 12" W; and all waters 
south of a line beginning at a point on the 
east shore of Sol's Creek ii : 53' 22" N -- 
78° 28' 10" W; running 252° (M) to a 



point on the west shore 33° 53' 21" N — 
78° 28' 14" W; 

(F) Horseford Creek, north of a line begin- 
ning at a point on the east shore 33° 52' 
53" N - 78° 28' 24" W; running 279° (M) 
to a point on the west shore 33° 52' 53" 
N - 78° 28' 29" W; 

(G) Still Creek, all waters north of a line 
beginning at a point on the east shore, 33° 
52' 53" N - 78° 28' 44" W; running 254° 
(M) to a point on the west shore 33° 52' 
51" N - 78° 28' 48" W; and all waters 
south of a line beginning at a point on the 
east shore of Stilf Creek, 33° 53' 15" N - 
78° 29' 02" W; running 270° (M) to a 
point on the west shore 33° 53' 15" N -- 
78° 29' 05" W; 

(H) Cooter Creek, north of a line beginning 
at a point on the east shore 33° 52' 52" N 
- 78° 29' 46" W; running 288° (M) to a 
point on the west shore 33° 52' 53" N -- 
78° 29' 49" W; 

(3) The Big Narrows Area: 

(A) Big Teague Creek, west of a line be- 
ginning at a point on the south shore 33° 
52' 46" N - 78° 29' 59" W; running 343° 
(M) to a point on the north shore 33° 52' 
47" N - 78° 30' 01" W; 

(B) Little Teague Creek, west of a line be- 
ginning at a point on the south shore 33° 
52' 54" N - 78° 30' 09" W; running 306° 
(M) to a point on the north shore 33° 52' 
54" N - 78° 30' 10" W; 

(C) Big Norge Creek, south of a line be- 
ginning at a point on the west shore 33° 
52' 50" N - 78° 30' 39" W; running 076° 
(M) to a point on the east shore 33° 52' 
51" N - 78° 30' 36" W; 

(4) Mad Inlet area, all waters south of the 
IWW from the Sunset Beach bridge 33° 
52' 52" N - 78° 30' 42" W to the South 
Carolina line with the exception of Bona- 
parte Creek; 

(5) Calabash River, cast of state road No. 
1 164 bridge. 

Statutory Authority G.S. i 13-134; 1 13-182; 
143B-289.4. 

.0004 PERMANENT SECONDARY NURSERY 
AREAS 

(a) In the Pamlico Sound Area: 
(1) Long Shoal River - north of a line be- 
ginning at a point on Pains Point 35° 35' 
07" N - 75° 51' 25" W, running 282° (M) 
to a point on the west shore at the 5th 
Avenue Canal 35° 35' 12" N - 75° 53' 16" 
W. 



no 



5:1 NORTH C A ROUS A REGISTER April 2, 1990 



PROPOSED RULES 



(2) Pains Bay - east of a line beginning at a 
point on the south shore 35° 34' 28" N - 
75° 50' 58" W, running 350° (M) to a 
point on the north shore 35° 35' 04" N - 
75° 51' 12" W. 

(3) Wysocking Bay - north and west of a line 
beginning at Benson Point 35° 22' 58" N 
- 76° 03"' 39" W, running 058° (M) to 
Long Point 35° 24' 37" N - 76° 01' 19" 
W. 

(4) Juniper Bay-Cunning Harbor - north of 
a line beginning at a point on the west 
shore of Jumper Bav 35° 20' 34" N - 76° 
15' 28" W, running 105° (M) through 
Juniper Bay Point to a point on the east 
shore of Cunning Harbor 35° 20' 15" N - 
76° 12' 23" W. 

(5) Swanquarter Bay - north of a line begin- 
ning at a point at The Narrows 35° 20' 54" 
N - 76° 20' 38" W, running 080° (M) to a 
point on the east shore 35° 21' 31" N - 76° 
18' 22" W. 

(6) Deep Cove-The Narrows - north and east 
of a line beginning at a point on the west 
shore 35° 20' 54" N - 76° 23' 52" W, run- 
ning 122° (M) to a point on the east shore 
35° 20' 34" N - 76° 22' 57" W, and west 
of a line at The Narrows beginning at a 
point on the north shore 35° 20' 54" N - 
76° 20' 38" W, running 175° (M) to a 
point on the south shore 35° 20' 44" N - 
76° 20' 35" W. 

(7) Rose Bay - north of a line beginning at a 
point on the west shore 35° 23' 17" N - 
76° 26' 10" W, running 144° (M) to a 
point on Judith Island 35° 22' 29" N - 76° 
25' 15" W. 

(S) Spencer Bay - west and north of a line 
beginning at a point on Willow Point 35° 
22 r 22" N - 76° 27' 52" W, running 065° 
(M) to a point 35° 23' 17" N - 76° 26' 10" 
W. 

(9) Able Bay - north and east of a line be- 
ginning at a point on the west shore 35° 
23' 36" N - 76° 31' 00" W, running 130° 
(M) to a point on the cast shore 35° 23' 
00" N - 76° 20' 47" W. 

(10) Mouse Harbor - west of a line beginning 
at a point on the south shore 35° 17' 13" 
N - 76 ! 28' 50" W, running 352° (M) to a 
point on the north shore 35° 18' 19" N - 
76° 29' 06" W. 

(11) Big Porpoise Bay - west of a line begin- 
ning at a point on the south shore 35° 14' 
57" N - 76° 28' 50" W, running 042° (M) 
to a point on the north shore 35° 15 41" 
N - 76° 28' 12" W. 



(12) Middle Bay - west of a line beginning at 
a point on the south shore 35° 13' 33" N 
- 76° 29' 36" W, running 022° (M) to a 
point on the north shore 35° 14' 45" N - 
76° 29' 44" W. 

(13) Jones Bav - west of a line beginning at a 
point on Boar Point 35° 12' 22" N - 76° 
31' 16" W, running 011° (M) to a point 
on Mink Trap Point 35° 13' 27" N - 76° 
31' 08" W. 

(14) In the Bay River Area: 

(A) Bonner Bay - south of a line beginning 
at a point on the west shore 35° 09' 36" 
N - 76° 36' 14" W, running 074° (M) to a 
point on the east shore 35° 09' 57" N - 76° 
35' 14" W. 

(B) Gales Creek-Bear Creek (tributaries of 
Bay River) - north and west of a line be- 
ginning at a point on Sanders Point 35° 
IP 17" N - 76° 35' 54" W, running 067° 
(M) through Beacon No. 27 to a point 
on the east shore 35° 11' 54" N - 76° 34' 
17" W. 

(b) In the Pamlico River Area: 

(1) (In the Pungo River Area): Fortescue 
Creek, east of a line beginning at a point 
on the north shore 35° 25' 55" N - 76° 31' 
58" W; running 195° (M) to a point on 
the south shore 35° 25' 36" N - 76° 32' 01" 
W. 

(2) North Creek - north of a line beginning 
at a point on the west shore 35° 25' 24" 
N - 76° 40' 04" W, running 120° (M) 
through Marker No. 4 to a point on the 
east shore 35° 25' 16" N - 76° 40' 18" W. 

(3) In the Goose Creek area: 

(A) Campbell Creek - west of a line begin- 
ning at a point on the south shore 35° 17' 
00" N - 76° 37' 06" W, running 349° (M) 
to a point on the west shore 35° 17' 19" 
N - 76° 37' 08" W. 

(B) Pastham Creek - east of a line begin- 
ning at a point on the south shore 35° 17' 
36" N - 76° 36' 24" W, running 327° (M) 
to a point on the north shore 35° 17' 44" 
N - 76° 36' 30" YV. 

(4) Oyster Creek-Middle Prong - southwest 
of a line beginning at a point on Cedar 
Island 35° 19' 28" N - 76° 32' 14" W, 
running 135° (M) to a point on Beard Is- 
land Point 35° 19' 10" N - 76° 31' 44" W. 

(c) In the Neuse River Area: 

( 1) Lower Broad Creek - northwest of a line 
beginning at a point on the northeast 
shore 35° 05' 47" N - 76° 35' 25" W, run- 
ning 228° (M) to a point on the southwest 
shore 35° 05' 34" N - 76° 35' 43" W. 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



121 



PROPOSED RULES 



(2) Greens Creek - above Highway 1308 
Bridge. 

(3) Dawson Creek - above Highway 1302 
Bridge. 

(4) Clubfoot Creek - south of a line begin- 
ning at a point on the east shore 34° 54' 
29" N - 76° 45' 26" W, running 284° (M) 
to a point on the west shore 34° 54' 33" 
N - 76° 45' 43" VV. 

(5) (In the Adams Creek Area) Cedar Creek 

- east of a line beginning at a point on the 
south shore 34° 55' 52" N - 76° 38' 49" 
VV, running 004° (M) to a point on the 
north shore 34° 56' 05" N - 76° 38' 48" 
\V. 

(d) Virginia Creek - all waters of the natural 
channel northwest of the primary nursery area 
line; 

(e) Old Topsail " Creek - all waters of the 
dredged channel northwest of the primary nurs- 
ery area line; 

(f) Mill Creek - all waters west of a line begin- 
ning at a point on the south shore 34° 24' 17" N 
- 77° 42' 15" VV, running 028° (M) to a point on 
the north shore 34° 20' 36" N - 77° 42' 06" W; 

(g) Pages Creek - all waters west of a line be- 
ginning at a point on the south shore 34° 15' 52" 
N - 77° 46' 18" W, running 044° (M) to a point 
on the north shore 34° 16' 09" N - 77° 46' 01" 
W; 

(h) Bradley Creek - all waters west of a line 
beginning on the south shore 34° 12' 23" N - 77° 
49' 14" W, running 021° (M) to a point on the 
north shore 34° 12' 38" N - 77° 49' 09" VV. 

Statutory Authority G.S. 113-134; 113-182; 
143B-2S9.4. 

.0005 SPECIAL SECONDARY NURSERY 
AREAS 

(a) In the Pamlico River Area, Pamlico River, 
west of a line beginning at a point on Mauls 
Point 35° 26' 56" N - 76°^55' 33" VV; running 073° 
(M) to a point on Ragged Point 35" 27' 33" N - 
76° 54' 21" VV: 
( 1 ) Pungo River: 

(A) Pungo Creek, west of a line beginning 
at a point on Persimmon Tree Point 35° 
31' 06" N - 76= 37' 49" VV; running 241° 
(M) to a point on Windmill Point 35° 30' 
48" N - 76° 38' 18" VV. 

(B) Pungo River, north of a line beginning 
at a point on the east shore 35' 32' 05" N 

- 76° 28' 09" VV; running 277 : (M) 
through beacon No. 21 to a point on the 
west shore 35" 32' 12" N - 76" 29' 15 VV. 

(C ) Scranton Creek, south and cast of a line 
beginning at a point on the west shore 35° 



30' 37" N - 76° 28' 36" VV; running 085° 
(M) to a point on the east shore 35° 30' 
39" N - 76° 28' 12" VV. 
(D) Slade Creek, east of a line beginning at 
a point on the south shore 35° 27' 39" N 
- 76° 32' 46" VV; running 328° (M) to a 
point on the north shore 35° 27' 52" N - 
76° 33' 00" VV. 

(2) South Creek, west of a line beginning at a 
point on Ilickorv Point 35° 21' 44" N - 
76° 41' 37" VV; 'running 195° (M) to a 
point on Fork Point 35° 20' 44" N - 76° 
41' 48" VV. 

(3) Bond Creek/Muddy Creek, south of a line 
beginning at a point on Fork Point 35° 
20' 44" N - 76° 41' 48" VV; running 135° 
(M) to a point on Gum Point 35° 20' 32" 
N-76-41' 30" VV. 

(b) In the Neuse River Area: 

( 1 ) Goose Creek, north and east of a line be- 
ginning at a point on the south shore 35° 
02' OS" N - 76° 56' 02" VV; running 331° 
(M) to a point on the north shore 35° 02' 
37" N - 76° 56' 27" W. 

(2) Upper Broad Creek, northeast of a line 
beginning at a point on the north shore 
35° 03' 26" N - 76° 57' 14" VV; running 
153° (M) to a point on the south shore 
35° 02' 56" N - 76° 56' 49" VV. 

(c) In the West Bay Area: 

(1) West Thorofare Bay - south of a line be- 
ginning at a point on the west shore 34° 
57' 22" N - 76° 24' 03" VV, running 090° 
(M) through FL R "10WB" to a point 
on the easf shore 34° 57' 28" N - 76° 23' 
06" VV. 

(2) Long Bay-Ditch Bay - west of a line be- 
ginning at a point 34° 57' 52" N - 76° 26' 
37" VV, running southwest 226° (M) to a 
point 34° 57' 13" N - 76° 27' 13" VV, 
thence south of a line running southeast 
134° (M) to a point 34= 56' 46" N - 76° 
26' 26" W. 

(3) Turnagain Bay - south of a line beginning 
at a point on the west shore at 34° 59' 23" 
N - 76° 30' 11"; thence running 084° (M) 
to a point on the east shore at 34° 59' 33" 
N - 76° 29' 23" W. 

(d) In the Core Sound .Area: 

( 1 ) Cedar Island Bay - northwest of a line 
beginning at a point near the telephone 
tower 34~ 57' 49" N - 76° 16' 58" W. run- 
ning 049° (M) to a point at the gun club 
or "clubhouse" dock 34" 58' 43" N - 76° 
16' 00" W. 

(2) Thorofare Bay- Barry Bay - northwest of 
a line beginning at a point on Hall Point 
34° 54' 25" N~ 76° 19' 09" W, running 



122 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



046° (M) to a point at Rumley Hammock 
34° 55' 27" N - 76° 18' 13" W. 

(3) Nelson Hay - northwest of a line beginning 
at a point on the west shore of Nelson 
Bay 34° 51' 08" N - 76° 24' 36" W, and 
running 062° (M) through Beacon No. 1 
in Nelson Bay to a point on Drum Point 
34° 51' 36" N - 76° 23' 48" W. 

(4) Brett Bay - all waters north of a line be- 
ginning at Piney Point 34° 49' 32" N - 
76° 25' 06" W; running 258° (M) to a 
point on the west shore 34° 49' 23" N - 
76° 26' 02" W. 

(5) Jarrett Bay - north of a line beginning at 
a point east of Davis Island 34° 45' 46" N 
- 76° 28' 45" W, and running 266° (M) to 
a point on the west shore (site of Old 
Chimney) 34° 45' 31" N - 76° 30' 04" W. 

(e) In the North River area: 

(1) North River - north of a line beginning at 
a point on the west shore at the oyster 
house 34° 46' 28" N - 76° 37' 07" W, 
running 096° (\1) to a point on the east 
shore 34° 46' 30" N - 76° 35' 47" YV. 

(2) Ward Creek - east of a line beginning on 
the north shore 34° 46' 13" N - 76° 34' 58" 
W, running 182° (M) to a point on the 
south shore 35° 45' 34" N - 76° 35' 00" 
W. 

(f) Newport River - west of a line beginning at 
Penn Point at 34° 45' 44" N - 76° 43' 35" W; 
thence running 022° (M) to a point on the north 
shore at 34° 46' 47" N - 76° 43' 15" W. 

(g) Cape Fear River - beginning at a point on 
the south side of the Spoil Island at the inter- 
section of the ICWW and the Cape Fear River 
ship channel 34° OF 37" N - 77° 56' 05" W, run- 
ning 106° (M) to a point on the east shore of the 
Cape Fear River 34° OF 32" N - 77° 55' 00" W, 
running south and bounded by the shoreline to 
a point near the Ferry Slip at Federal Point 33° 
57' 52" N - 77° 56' 28" W, running 353° (M) 
north to a point on Bird Island 33° 58' 24" N - 
77° 56' 36" W, running 013° (M) back to point 
of origin. 

(h) Fockwood Folly River - beginning at a 
point on Ilowells Point 33° 55' 21" N - 78° 12' 
47° W and running in a westerly direction along 
the ICWW to a point near ICWW Marker No. 
46 33° 55' 18" N - 78° 13' 54" W. 

(i) Saucepan Creek - all waters north of a line 
beginning at a point on the west shore 33° 54' 
36" N - 78° 22' 54" W, running 062° (M) to a 
point on the east shore 33° 54' 38" N - 78° 22' 
49" W. 

Statutory Authority G.S. J 13-/34; 1 13-182; 
143B-289.4. 



.0006 TRAWL NETS PROHIBITED 

It is unlawful to use trawl nets in that area south 
of Shackleford Banks which is east of a line 
which begins at the navigation aid (buoy or bea- 
con) at the westward end of the Cape Lookout 
westernmost jetty and running thence N 06° 45" 
E degrees (M) to the Markers' Island water tower; 
The excluded area includes all of Cape Lookout 
Bight, that area west of the Bight but east of the 
line above that portion of Bardens Inlet which 
lies southwestward of a line which begins at the 
Cape Lookout Lighthouse and runs N 28° 15' 
W degrees (M) to the southern end of Shackle- 
ford Banks. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0007 DESIGNATED POT AREAS 

As referenced in 15A NCAC 3J .0301, it is un- 
lawful to use pots north and east of the Highway 
58 Bridge at Emerald Isle from May 1 through 
October 3 1 , except in areas described below: 

(1) In Albemarle Sound and tributaries; 

(2) In Roanoke Sound and tributaries; 

(3) In Croatan Sound and tributaries; 

(4) In Pamlico Sound and tributaries, except 
the following areas and areas further de- 
scribed in Paragraphs (5), (6), and (7) of this 
Rule: 

(a) In Wysocking Bay: 

(i) Bound by a line beginning at a point on 
the south shore of Lone Tree Creek 35° 
25' 05" N - 76° 02' 05" W running 239° 
(M) 1000 yards to a point 35° 24' 46" N - 
76° 02' 32" W; thence 336° (M) 2200 yards 
to a point 35° 25' 42" N - 76° 03' 16" 
W; thence 062° (M) 750 yards to a point 
on shore 35° 25' 54" N -' 76° 02' 54" W; 
thence following the shoreline and the 
Lone Tree Creek primary nursery area 
line to the beginning point; 

(ii) Bound by a line beginning at a point 
on the south shore of Mt. Pleasant Bay 
35° 23' 07" N - 76° 04' 12" W running 
083° (M) 1200 vards to a point 35° 23' 17" 
N - 76° 03' 32" W; thence 023° (M) 2400 
yards to a point 35° 24' 27" N - 76° 03' 
12" W; thence 299° (M) 1100 vards to a 
point on shore 35° 24' 38" N - 76° 04' 48" 
W; thence following the shoreline and the 
Browns Island and Mt. Pleasant Bay pri- 
mary nursery area line to the beginning 
point; except pots may be set no more 
than 50 yards from the shoreline. 

(b) In Juniper Bay bound by a line beginning 
at a point on Juniper Bay Point 35° 20' 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



123 



PROPOSED RULES 



18" N - 76° 13' 22" W running 275° (M) 
2300 yards to a point 35° 20' 15" N - 76° 
14' 45" W; thence 007° (M) 2100 yards to 
Daymarker No. 3; thence 040° (M) 1100 
yards to a point on shore 35° 21' 45" N - 
76° 14' 24" W; thence following the 
shoreline and the Buck Creek primary 
nursery area line to the beginning point. 

(c) In Swanquarter Bay, bound by a line be- 
ginning at a point on the north shore of 
Caffee Bay 35° 21' 57" N - 76° 17' 44" 
VV; running 191° (M) 800 yards to a point 
on the south shore 35° 21' 35" N - 76° 17' 
45" W; thence following the shoreline to 
a point on shore 35° 21' 37" N - 76° 18' 
22" VV; thence running 247° (M) 1300 
yards to a point 35° 21' 17" N - 76° 19' 
03" W; thence 340° (M) 1350 yards to a 
point 35° 21' 51" N - 76° 19' 27" VV; 
thence 081° (M) 1 150 yards to a point on 
the north shore 35° 22' 02" N - 76° 18' 48" 
W; thence following the shoreline and the 
primary nursery area line to the beginning 
point. 

(d) In Deep Cove east of a line beginning at 
a point on the south shore 35° 20' 33" N 
- 76° 22' 57" VV, running 021° (M) 1800 
yards to a point on the north shore 35° 
21' 55" N - 76° 22' 43" VV and west of a 
line beginning at a point on the south 
shore 35° 20' 44" N - 76° 22' 05" VV run- 
ning 003° (M) 1400 yards to a point on 
the north shore 35° 21' 26" N - 76° 22' 11" 
VV. 

(e) In that area bound by a line beginning at 
Beacon No. 1 at the mouth of Deep Cove 
running 314° (M) 1400 yards to a point 
on shore 35° 20' 12" N - 76° 24' 18" W; 
thence 206° (M) 3250 yards to a point 35° 
18' 40" N - 76° 24' 54" VV; thence 128° 
(M) 2000 yards to a point 35° 18' 11" N - 
76° 23' 51" W; thence 015° (M) through 
the "Dope Boat" Beacon 3250 yards to 
the beginning point. 

(f) Off Striking Bay bound by a line bcgin- 
ning at a point on the west shore of 
Striking Bay 35° 23' 20" N - 76° 26' 59" 
VV running 190° (M) 1900 yards to a point 
35° 22' 2Y N - 76° 27' 00" W; thence 097 D 
(M) 900 yards to Beacon No. 2; thence 
127° (M) 'l 600 yards to a point 35° 21' 55" 
N - 76° 25' 43" VV; thence following the 
shoreline to a point 35' 22' 30" N - 76 D 
25' 14" VV; thence 322° (M) 2200 yards to 
a point 35° 23' 17" N - 76° 26' 10" VV; 
thence following the shoreline to a point 
35' J 23' 19" N - 76° 26' 24" VV; thence 335° 
(M) 900 yards to a point 35' 23' 40" N - 



76° 26' 43" W; thence 059° (M) 500 yards 
to a point 35° 23' 30" N - 76° 26' 58" VV; 
thence following the shoreline to the be- 
ginning point. 

(g) In Rose Bay bound by a line beginning 
at a point southwest of Swan Point 35° 
23' 56" N - 76° 23' 39" VV running 288° 
(M) 1500 yards to a point on shore 35° 
24' 03" N - 76° 24' 33" VV; thence 162° 
(M) 1650 yards to a point 35° 23' 19" N - 
76° 24' 04" VV; thence 084° (M) 1350 yards 
to a point on shore 35° 23' 29" N - 76° 
23' 17" VV; thence following the shoreline 
to the beginning point. 

(h) In Spencer Bay bound by a line beginning 
at a point on shore at Willow Point 35° 
22' 26" N - 76° 28' 00" VV running 059° 
(M) 1700 yards to a point 35° 22' 57" N - 
76° 27' 13" VV; thence 317° (M) 1500 yards 
to a point 35° 23' 25" N - 76° 27' 57" VV; 
thence 243° (M) 1300 yards to a point on 
shore 35° 23' 02" N - 76° 28' 35" VV; 
thence following the shoreline to the be- 
ginning point. 

(i) In Big Porpoise Bay bound by a line be- 
ginning at a point on shore 35° 15' 58" N 
- 76° 29' 10" VV running 182° (M) 750 
yards to Sage Point 35° 15' 36" N - 76° 
29' 06" VV; thence 1 16° (M) 850 yards to 
a point 35° 15' 28" N - 76° 28' 36" VV; 
thence 023° (M) 700 yards to a point on 
shore 35° 15' 48" N - 76° 28' 30" VV; 
thence following the shoreline to the be- 
ginning point. 

(j) In that area north of the target ship be- 
ginning at a point 35° 14' 25" N - 76° 27' 
05" VV; running 071° (M) 2000 yards to a 
point 35° 14' 52" N - 76° 26' 00" VV; 
thence 168° (\1) 1800 yards to a point 35° 
14' 03" N - 76° 25' 39" VV; thence 273° 
(M) 2000 yards to a point 35° 13' 57" N - 
76° 26' 55" VV; thence 350° (M) 1000 
yards to the beginning point. 

(k) In Middle Bay-Jones Bay area bound by 
a line beginning at Middle Bay Point 35' 
14' 49" N - 76° 28' 41" VV running 131° 
(M) 3550 yards to a point 35 3 13' 51" N - 
76° 26' 53" VV; thence 214° (M) 2600 yards 
to a point 35° 12' 43" N - 76° 27' 34" 
VV; thence 291° (M) 2700 yards to Sow- 
Island; thence 181° (M) 2350 yards to a 
point 35° 11' 51" N - 76° 28' 57" VV; 
thence 254 r (M) 2000 yards to Red Day- 
marker No. 4; thence 024° (M) 3600 yards 
through Green Flasher No. 5 to Sow Is- 
land Point 35° 13' 09" N - 76° 29' 2S" 
VV; thence following the shoreline of 
Middle Bay to Big Fishing Point 35° 14' 



124 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



02" N - 76° 29' 52" W; thence 008° (M) 
1 100 yards to a point on the north shore 
35° 14' 33" N - 76° 29' 52" W; thence fol- 
lowing the shoreline to a point 35° 14' 46" 
N - 76° 29' 14" W; thence no more than 
75 yards from the shoreline to the begin- 
ning point. 

(1) In Jones Bay bound by a line beginning 
at a point on Sow Island Point 35° 13' 09" 
N - 76° 29' 28" W running 204° (M) 2600 
yards to Green Flasher No. 5; thence 322° 
(M) 2450 yards to a point 35° 12' 48" N - 
76° 30' 58" W; thence 217° (M) 1200 
yards to a point on shore 35° 12' 20" N - 
76° 31' 16" W; thence following the 
shoreline to a point 35° 12' 52" N - 76° 
31' 45" W; thence 231° (M) 600 yards to 
a point 35° 12' 52" N - 76° 31' 45" W; 
thence parallel with the shoreline no more 
than 600 yards from shore to a point 35° 
13' 11" N - 76° 32' 07" W; thence 038° 
(M) to a point 600 yards from the north 
shore 35° 13' 39" N - 76° 31' 54" W; 
thence parallel with the shoreline no more 
than 600 yards from shore to a point 35° 
13' 09" N -76° 30' 48" W; thence 009° (M) 
600 yards to a point on shore 35° 13' 26" 
N - 76° 30' 47" W; thence following the 
shoreline to the beginning point. 

(m) In an area bound by a line beginning at 
Boar Point 35° 12' 07" N - 76° 31' 04" W 
running 106° (M) 2000 yards to Green 
Flasher No. 5; thence 200° (M) 2200 yards 
to a point 35° 10' 56" N - 76° 30' 10" W; 
thence 282° (M) 2350 yards to Bay Point 
35° 11' 02" N - 76° 31' 35" W; thence fol- 
lowing the shoreline to the beginning 
point. 

(n) In an area at the mouth of Bay River 
bound bv a line beginning at a point on 
Maw Point 35° 08' 55" N - 76° 32' 10" 
W running 020° (M) 1600 yards to Day- 
marker No. 1; thence 134° (M) 3800 yards 
to Neuse River Junction Quick Flasher; 
thence 236° (M) 1700 yards to Red Day 
Marker No. 2 PA; thence 314° (M) 2750 
yards to the beginning point. 

(o) The waters within a circular area with a 
radius of 1,000 yards having its center on 
the southern side of Brant Island at lati- 
tude 35° 12' 30" N - lonmtudc 76° 26' 30" 
W. 
(5) In Pamlico River west of a line from a 
point on Pamlico Point 35° 18' 42" N - 76° 
28' 58" W running 009° (M) through Day- 
marker No. 1 and Willow Point Shoal Bea- 
con to a point on Willow Point 35° 22' 23" 



N - 76° 28' 48" W pots may be used in the 
following areas: 

(a) In that area bound by a line beginning at 
a point on the line from Pamlico Point to 
Willow Point 35° 19' 24" N - 76° 28' 56" 
W running westerly parallel to the shore- 
line at a distance of no more than 1000 
yards to a point 35° 19' 24" N - 76° 29' 
09" W; thence running 218° (M) 900 yards 
to a point 35° 19' 02" N - 76° 29' 24" W 
100 yards from shore; thence westerly 
parallel to the shoreline at a distance of 
100 yards to a point 35° 19' 02" N - 76° 
29' 59" W; thence 006° (M) 950 yards to 
a point 35° 19' 30" N - 76° 30' 00" W; 
thence westerly parallel to the shoreline 
at a distance of 1000 yards to a point 35° 
20' 06" N - 76° 32' 54" W; thence 198° 
(M) 550 yards to a point 400 yards from 
shore 35° 19' 49" N - 76° 32' 59" W; 
thence parallel to the shoreline at a dis- 
tance of 400 yards to a point 35° 19' 50" 
N - 76° 33' 27" W; thence 008° (M) to a 
point 1000 yards from shore 35° 20' 09" 
N - 76° 33' 27" W; thence westerly parallel 
to the shoreline at a distance of 1000 yards 
to a point 35° 20' 12" N - 76° 33' 55" W; 
thence 191° (M) to a point 400 yards from 
shore 35° 19' 55" N - 76° 33' 56" W; 
thence westerly parallel to the shoreline 
at a distance of 400 yards to a point 35° 
20' 00" N - 76° 34' 34" W; thence 004° 
(M) 600 yards to a point 1000 yards from 
shore 35° 20' 19" N - 76° 34' 35" W; 
thence westerly parallel to the shoreline 
at a distance of 1000 yards to Green 
Flasher No. 1; thence 248° (M) parallel to 
the ICWW to a point off Fulford Point 
35° 19' 59" N - 76° 36' 41" W; thence 171° 
(M) to a point on Fulford Point 35° 19' 
41" N -76° 36' 34" W. 

(b) All coastal waters and tributaries of Oy- 
ster Creek, James Creek, Middle Prong 
and Clark Creek. 

(c) /Ml coastal waters of Goose Creek: 

(i) In that area bound by a line beginning 
at a point on Reed I Iammock 35° 20' 24" 
N - 76° 36' 51" W running 171° (M) 300 
yards to a point 35° 20' 16" N - 76° 36' 
48" W; thence parallel with the shoreline 
no more than 300 vards from shore to a 
point 35° 20' 09" "N - 76° 37' 10" W; 
thence 302° (M) 300 yards to a point on 
shore 35° 20' 13" N - 76° 37' 19" W. 

(ii) In that area bound by a line beginning 
at a point on shore 35° 19' 58" N -^76° 37' 
33" W; running 291° (M) 300 yards to a 
point 35° 19' 57" N - 76° 37 21" W; 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



125 



PROPOSED RULES 



thence parallel to the shoreline no more 
than 300 yards from shore to a point 35° 
18' 16" N - 76° 37' 16" W; thence 292° 
(M) to a point on the north shore of 
Snode Creek 35° 18' 15" N - 76° 37' 27" 
VV. 

(iii) In that area bound by a line beginning 
at a point at the mouth of Goose Creek 
35° 19' 59" N - 76° 36' 41" W; running 
348° (M) to Green Daymarker No. 5; 
thence south parallel to the shoreline no 
more than 300 yards from shore to a point 
35° 18' 12" N - 76° 37' 07" W; thence 112° 
(M) to Store Point 35° 18' 09" N - 76° 36' 
57" VV. 

(iv) Between the line from Store Point to 
Snode Creek and a line beginning at a 
point on Long Neck Point running 264° 
(M) through Beacon No. 15 to Huskie 
Point from the shoreline to no more than 
150 yards from shore. 

(v) All coastal waters southeast of the line 
from Long Neck Point through Beacon 
No. 15 to Huskie Point. 

(vi) Campbell Creek - west of a line from 
a point on Huskie Point 35° 17' 00" N - 
76° 37' 06" VV running 004° (M) to Pas- 
ture Point 35° 17' 20" N - 76° 37' 08" W, 
to the Inland-Commercial line. 

(d) All coastal waters bound by a line begin- 
ning on Reed Hammock 35° 20' 24" N 
-76° 36' 51" W running 171° (M) to a 
point 35° 20' 16" N - 76° 36' 47" W; 
thence 100° (M) 800 yards to Red Day- 
marker No. 4; thence 322° (\1) 1200 yards 
to a point 35° 20' 40" N - 76° 36' 48" W; 
thence westerly parallel to the shoreline 
at a distance of 300 yards to a point in 
Bond Creek 35° 20' 40" N - 76° 41' 37" 
VV; thence 199° (M) to a point on the 
south shore of Muddy Creek 35° 20' 18" 
N - 76° 41' 34" VV, including all waters of 
Muddy Creek up to the Inland-Coastal 
boundary line. 

(e) Along the west shore of Bond Creek from 
Pork Point to the Coastal- Inland bound- 
ary line from the shoreline to no more 
than 50 yards from shore. 

(f) All coastal waters of South Creek up- 
stream of a line beginning at a point on 
Fork Point 35° 20' 45" N - 76° 41' 47" VV 
running 017° (M| to a point on Hickory 
Point 35° 21' 44" N - 76° 41' 36" W. 

(g) In that area bound by a line beginning at 
a point at the six foot depth contour south 
of Hickory Point 35° 21' 33" N - 76° 41' 
39" W; thence easterly following the six 
foot depth contour to a point off the east 



end of Indian Island 35° 21' 42" N - 76° 
38' 04" VV; thence 270° (M) to a point on 
the east end of Indian Island 35° 21' 38" 
N - 76° 38' 36" VV; thence following the 
shoreline of Indian Island to a point on 
the west end 35° 32' 37" N - 76° 39' 40" 
VV; thence 293° (M) toward Daymarker 
No. 1 to a point at the six foot depth 
contour 35° 21' 46" N - 76° 40' 16" VV; 
thence following the six foot depth con- 
tour in a westerly direction to a point off 
Long Point 35° '22' 42" N - 76° 42' 44" 
VV; thence 233° (M) to a point on shore 
35° 22' 24" N - 76° 43' 05" W. 

(h) Beginning at a point on shore near Long 
Point 35° 22' 29" N - 76° 43' 25" W, 
running 001° (M) to a point 300 yards 
offshore 35° 22' 39" N - 76° 43' 26" W; 
thence westerly parallel to the shoreline 
at a distance of 300 yards to a point 35° 
22' 39" N - 76° 43' 59" VV; thence 209° 
(M) to a point on shore 35° 22' 30" N - 
76° 44' 03" VV. 

(i) Beginning at a point on shore 35° 22' 30" 
N -^76° 44' 27" VV, running 355° (M) to a 
point offshore 35° 22' 40" N - 76° 44' 31" 
VV; thence westerly parallel to the shore- 
line at a distance of 300 yards to a point 
35° 22' 53" N - 76° 45' 00" VV; thence 
running 251° (M) to a point on shore 35° 
22' 46" N - 76° 45' 14" VV. 

(j) Beginning at a point on shore 35° 22' 54" 
N - 76° 45' 43" VV; running 003° (M) to a 
point offshore 35° 23' 03" N - 76° 45' 43" 
VV; thence westerly parallel to the shore- 
line at a distance of 300 yards to the in- 
tersection of a line beginning on the north 
shore at Gum Point 35° 25' 09" N - 76° 
45' 33" VV; running 210° (M) to a point 
on the south shore 35° 23' 2S" N - 76° 46' 
26" VV. 

(k) All coastal waters west of a line beginning 
on the north shore at Gum Point 35° 25' 
09" N - 76° 45' 33" VV running 210° (M) 
to a point on the south shore 35° 23' 28" 
N - 76° 46' 26" VV. 

(1) On the north side of Pamlico River bound 
by a line beginning at the intersection of 
the line from Gum Point to the south 
shore 500 yards from shore 35° 24' 55" N 
- 76° 45' 39" VV running easterly parallel 
to the shoreline at a distance of 500 yards 
to a point at the six foot contour near 
Adams Point 35° 23' OS" N - 76° 35' 59" 
VV. 

(m) All waters and tributaries of North Creek 
except the marked navigation channel. 



126 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



(n) In that area bound by a line beginning 
at a point at the six foot contour near 
Adams Point 35° 23' 08" N - 76° 35' 59" 
W running westerly following the six foot 
depth contour to a point off Wades Point 
35° 23' 28" N - 76° 34' 09" W. 

(o) Pungo River: 
(i) Bound by a line beginning at Wades 
Point 35° 23' 16" N - 76° 34' 30" W run- 
ning 059° (M) to a point at the six foot 
depth contour, 35° 23' 28" N - 76° 34' 09" 
W; thence northerly following the six foot 
depth contour to a point near Beacon No. 

3 35° 25' 44" N - 76° 34' 46" W; thence 
272° (M) 950 yards to a point on shore 
35° 25' 41" N -'76° 35' 22" W. 

(ii) Bound by a line beginning at a point 
on shore 35° 25' 50" N - 76° 35' 37" W 
running 050° (M) 1150 yards to a point 
at 35° 26' 17" N - 76° 35' 10" W; thence 
northerly following the six foot depth 
contour to a point 35° 26' 54" N - 76° 36' 
09" W; thence 314° (M) 350 yards to a 
point on shore 35° 27' 00" N - 76° 36' 20" 
W. 

(iii) Bound by a line beginning at a point 
on shore 35° 27' 14" N - 76° 36' 26" W 
running 077° (M) 800 yards to a point 35° 
27' 23" N - 76° 36' 02" W; thence north- 
erly following the six foot depth contour 
to a point off Windmill Point 35° 30' 50" 
N - 76° 38' 09" W; thence 076° (M) to a 
point 200 yards west of Davmarker No. 3 
35° 31' 21" N - 76° 36' 37" W; thence 312° 
(M) to a point at the "Breakwater" 35° 
31' 36" N - 76° 37' 05" W. 

(iv) All coastal waters bound by a line be- 
ginning at a point at the "Breakwater" 200 
yards northeast of Beacon No. 6 35° 31' 
47" N - 76° 36' 51" W running 132° (M) 
to a point 200 yards from Davmarker No. 

4 35° 31' 31" N - 76° 36' 21" W; thence 
running 102° (M) to a point 35° 31' 28" 
N - 76° 35' 59" W; thence running 010° 
(M) to Beacon No, 1; thence running 045° 
(M) 700 yards to a point on shore 35° 
32' 22" N - 76° 35' 42" W. 

(v) All coastal waters north and east of a 
line beginning at a point on shore west of 
Lower Dowry Creek 35° 37' 24" N - 76° 
35' 23" W running 177° (M) 1950 yards 
to a point 200 yards north of Davmarker 
No. 11 35° 36'' 27" N - 76° 35' 10" W; 
thence easterly parallel to the marked 
navigation channel at a distance of 200 
yards to a point on the shore northwest 
of Wilkerson Creek 35° 33' 13" N - 76° 
27' 36" W. 



(vi) All coastal waters south of a line be- 
ginning on shore south of Wilkerson 
Creek 35° 33' 02" N - 76° 27' 20" W run- 
ning westerly parallel to the marked navi- 
gation channel at a distance of 200 yards 
to a point southeast of Daymarker No. 
14 35° 31' 05" N - 76° 32' 34" W; thence 
running 208° (M) to a point on shore 35° 
30' 56" N - 76° 32' 58" W. 

(vii) All coastal waters bound by a line be- 
ginning on shore east of Durants Point 
35° 30' 29" N - 76° 33' 25" W running 
347° (M) to a point southwest of Day- 
marker No. 12 35° 31' 08" N - 76° 33' 53" 
W; thence westerly parallel to the marked 
navigation channel at a distance of 200 
yards to a point south of Beacon No. 10 
35° 31' 08" N - 76° 35' 35" W; thence 
running 185° (M) to a point at the six foot 
depth contour between Beacon No. 8 and 
the eastern shore of Pungo River 35° 30' 
08" N - 76° 35' 28" W; Thence following 
the six foot depth contour to a point 35° 
28' 09" N - 76° 33' 43" W; thence 127° 
(M) to a point on shore 35° 28' 00" N - 
76° 33' 25" W; thence 159° (M) to a point 
at the six foot depth contour 35° 27' 40" 
N - 76° 33' 12" W including the waters of 
Slades Creek and its tributaries; thence 
209° (M) to a point on shore 35° 27' 22" 
N - 76° 33' 21" W; thence 272° (M) to a 
point at the six foot depth contour 35° 27' 
18" N - 76° 33' 53" W; thence southerly 
following the six foot depth contour to a 
point south of Sandy Point 35° 26' 35" N 
- 76° 33' 50" W; thence 087° (M) to a 
point on shore 35° 26' 38" N - 76° 33' 34" 
W. 

(viii) In that area bound by a line beuinning 
at a point on shore 35° 26' 20" N - 76° 33' 
18" W running 176° (M) to a point at the 
six foot depth contour 35° 26' 05" N - 76° 
33' 13" W; thence southerly following the 
six foot depth contour throughout For- 
tcscuc Creek to a point off Fortcscuc 
Creek 35° 25' 44" N - 76° 32' 09" W; 
thence 145° (M) to a point on shore 35° 
25' 36" N - 76° 32' 01" W. 

(ix) In that area bound by a line beginning 
at a point on shore 35° 25' 20" N -76° 32' 
01" W running 258° (M) to a point at the 
six foot depth contour 35° 25' 17" N - 76° 
32' 18" W; thence following the six foot 
depth contour to a point 500 yards west 
of Currituck Point 35= 24' 30" N - 76° 
32' 12" W; thence southeasterly parallel to 
the shoreline and including Abel Bay at a 
distance of 500 yards to a point at the in- 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



127 



PROPOSED RULES 



tersection of the line from Pamlico Point 

to Willow Point 35° 22' 09" N - 76° 28' 

48" W. 

(6) In Bay River west of a line beginning at a 

point on Maw Point 35° 09' 02" N - 76° 

32' 09" W running 022° (M) to a point on 

Bay Point 35° 11' 02" N - 76° 31' 34" W, 

pots may be used in the following areas: 

(a) In that area beginning at a point on Maw 
Point 35° 09' 02" N - 76° 32' 09" W; 
running 018° (M) to Green Daymarker 
No. 1; thence 223° (M) to a point on 
shore in Fisherman Bay 35° 09' 10" N - 
76° 32' 38" W. 

(b) In Fisherman Bay bound by a line be- 
ginning at a point on the shore west of 
Maw Point 35° 09' 18" N - 76° 33' 02" 
W; thence 351° (M) 3200 yards to lighted 
Beacon No. 3 in Bay River; thence 230° 
(M) 1200 yards to a point on the shore 
35° 10' 24" N - 76° 34' 00" W. 

(c) In that area bound by a line beginning at 
a point on the east shore at the mouth of 
Bonners Bay 35' 10' 05" N - 76° 35' 18" 
YV; thence 306° (M) 300 yards to a point 
in Bay River, 35° 10' 10" N - 76° 35' 30" 
YV; thence parallel to the shoreline no 
more than 300 yards from shore to a point 
in Bay River 35° 10' 40" N - 76° 34' 42" 
YV; thence 188° (M) to a point on shore 
35° 10' 27" N - 76° 34' 42" W. 

(d) In Bonner Bay bound by a line beginning 
at a point on the east shore 35° 10' 05" N 
- 76° 35' 18" W running 306° (M) 200 
yards to a point 35° 10^09" N - 76° 35' 
25" W; thence parallel to the shoreline no 
more than 200 yards offshore to a point 
35° 09' 16" N - 76° 34' 38" W; thence 097° 
(M) 200 yards to a point on shore 35° 09' 
16" N - 76° 35' 13" W. 

(e) In Bonner Bay, Spring Creek and Fong 
Creek south of a line beginning at a point 
on the east shore 35° 09' 16" N - 76° 35' 
13" YV running 274° (M) to a point on 
the west shore 35° 09' 14" N - 76° 35' 43" 
YV. 

(0 In Bonner Bay bound by a line beginning 
at a point on the west shore i5° 09' 14" 
N - 76° 35' 14" W running 094° (M) 100 
yards to a point 35° 09' 13" N - 76° 35' 
39" YV; thence parallel to the shoreline no 
more than 100 yards offshore to a point 
in Riggs Creek 35° 09' 15" N - 76° 36' 08" 
YY'; thence 142' (M) to a point on shore 
35° 09' 13" N - 76° 36' 08" YV. 

(g) In that area bound by a line beginning 
on the south shore of Bay River west of 
Bell Point 35° 09' 40" N - 76° 40' 00" YV, 



running 314° (M) to a point 200 yards 
offshore 35° 09' 43" N - 76° 40' 06" YV; 
thence no more than 200 yards from the 
shoreline to a point 35° 09' 53" N - 76° 
36' 45" YV; thence 102° (M) to a point 35° 
09' 50" N - 76° 35' 54" YV; thence 181° 
(M) to a point 35° 09' 36" N - 76° 35' 51" 
W; thence 237° (M) to a point in Riggs 
Creek 35° 09' 18" N - 76° 36' 12" YV; 
thence 322° (M) to a point on shore at the 
mouth of Riggs Creek 35° 09' 21" N - 76° 
36' 18" YV. 

(h) In that area on the south side of Bay 
River bound by a line beginning at a point 
on shore at the confluence of Bay River 
and Trent Creek 35° 08' 27" N - 76° 43' 
12" YV running 016° (M) 150 yards to a 
point 35° 08' 31" N - 76° 43' 11" YV; 
thence no more than 1 50 yards from shore 
to a point 34° 08' 59" N - 76° 40' 19" YV; 
thence 116° (M) to a point on shore at 
Moores Creek 34° 08' 57" N - 76° 40' 14" 
YV. 

(i) In Bay River and Trent Creek west of a 
line beginning at a point on the south 
shore 35° 08' 27" N - 76° 43' 12" YV run- 
ning 016° (M) to a point on the north 
shore 35° 08' 39" N - 76° 43' 09" YV. 

(j) In that area on the north shore of Bay 
River bound by a line beginning at a point 
west of Vandemere Creek 35° 10' 53" N - 
76° 39' 42" YV running 135° (M) 150 yards 
to a point 35° 10' 52" N - 76° 39' 39" YV; 
thence no more than 150 yards from shore 
to a point at the confluence of Bay River 
and Trent Creek 35° 08' 37" N - 76° 43' 
10" W; thence to a point on the north 
shore 35° 08' 39" N - 76° 43' 09" YV. 

(k) In Vandemere Creek northeast of a line 
beginning at a point on the east shore 35° 
IF 04" N - 76° 39' 22" YV running 315° 
(M) to a point on the west shore 35° IF 
12" N - 76° 39' 36" YV. 

(1) In that area bound by a line beginning at 
a point at the mouth of Vandemere Creek 
35° IF 04" N - 76° 39' 22" YV, running 
216° (M) 200 yards to a point in Bay 
River 35° 10' 58" N - 76° 39' 25" YV; 
thence parallel to the shoreline no more 
than 200 yards from shore to a point in 
Bav River northwest of Beacon No. 4 35° 
10'' 40" N - 76° 36' 38" YV; thence 344° 
(M) 200 yards to a point on shore 35" 10' 
45" N - 76° 36' 42" YV. 

(m) In that area bound by a line beginning 
at a point on Sanders Point 35° IF 19" 
N - 76° 35' 54" YV; running 067' (M) 200 
yards to a point 35° 11' 23" N - 76° 35' 



128 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



47" W; thence following the shoreline no 
more than 200 yards from shore to a point 
in Bay River northwest of Beacon No. 4 
35° 10' 40" N - 76° 36' 38" W; thence 
344° (M) 200 yards to a point on the 
shore 35° 10' 45" N - 76° 36' 42" W. 
(n) In that area beginning at a point on shore 
35° 12' 02" N - 76° 35' 58" W, running 
162° (M) 500 yards to a point 35° 11' 38" 
N - 76° 35' 50" W; thence parallel to the 
shoreline no more than 500 yards from 
shore to a point 35° 11' 56" N - 76° 35' 
04" W; thence 339° (M) 500 yards to a 
point on shore at the mouth of Gales 
Creek 35° 12' 09" N - 76° 35' 12" \V. 
(o) In that area bound by a line beginning 
at a point on shore at the mouth of Gale 
Creek 35° 12" 08" N - 76° 34' 52" W, 
running 278° (M) 200 yards to a point in 
Bay River 35° 12' 08" N - 76° 35' 02" W; 
thence running parallel to the shoreline at 
a distance of 200 vards to a point in Bay 
River 35° 11' 32" N - 76° 33' 24" W; 
thence running 352° (\1) 200 yards to a 
point on shore at Dump Creek 35° 1 1' 39" 
N - 76° 33' 25" YV. 
(p) In Gale Creek except the Intracoastal 
Waterway north of a line beginning at a 
point on the west shore 35° 12' 08" N - 
76° 35' 12" W running 098° (M) to a point 
on the west shore 35° 12' 08" N - 76° 34' 
52" W. 
(q) In an area bound by a line beginning at 
a point on the eastern, shore at the mouth 
of Rockhole Bay 35° 11' 06" N - 76° 32' 
11" W; thence 180° (M) 600 yards to a 
point in Bay River 35° 10' 49" N - 76° 32' 
09" W; thence cast with the five foot curve 
1 100 yards to a point 35° 10' 36" N - 76° 
31' 30" W; thence 000° (M) 850 yards to 
a point on Bay Point 35° 11' 02" N - 76° 
31' 34" W. 
(7) In the Neuse River and West Bay Area 
south and west of a line beginning at a point 
on Maw Point 35° 09' 02" N - 76° 32' 09" 
YV, running 137° (M) through the Maw 
Point Shoal Day Marker No. 2 and through 
the Neuse River Entrance light to a point 
at the mouth of West Bay 35° 02' 09" N - 
76° 21' 53" W, pots may be set in the fol- 
lowing areas: 
(a) All coastal fishing waters northwest of a 
line beginning at a point at the mouth of 
Slocum Creek 34° 57' 02" N - 76° 53' 42" 
W, running 029° (M) to a point at the 
mouth of Beards Creek 35° 00' 08" N - 
76° 52' 13" W. Pots may also be set in 



coastal fishing waters of Goose Bay and 
Upper Broad Creek. 

(b) In that area bound by a line beginning 
at a point on the north shore at Mill 
Creek 34° 59' 34" N - 76° 51' 06" W; 
thence running 223° (M) approximately 
300 yards into the river to a point 34° 59' 
25" N - 76° 51' 14" W; thence along the 
six foot depth curve southeast to a point 
at the rock jetty 34° 58' 06" N - 76° 49' 
14" W; thence 016° (M) approximately 
300 vards to a point on the shore 34° 58' 
17" N - 76° 49' 12" W. 

(c) In that area bound by a line beginning at 
a point on the north shore approximately 
500 yards west of Pierson Point 34° 58' 
32" N - 76° 46' 38" W; thence running 
171° (M) approximately 300 yards into 
the river to a point 34° 58' 24" N - 76° 46' 
34" W; thence east and northeast along 
the six foot curve to a point in the river 
34° 58' 47" N - 76° 45' 39" W; thence 330° 
(M) approximately 700 yards to a point 
on the shore 50 yards west of an existing 
pier 34° 59' 04" N - 76° 45' 54" W. 

(d) In that area bound by a line beginning at 
a point on the north shore east of Dawson 
Creek Bridge 34° 59' 34" N - 76° 45' 12" 
W; thence running 244° (M) approxi- 
mately 500 yards to Day Marker No. 4 
(entrance to Dawson Creek Channel); 
thence running east 117° (M) to a point 
34° 59' 22" N - 76° 45' 19" W; thence cast 
and northeast along the six foot curve to 
a point 50 yards west of Day Marker No. 
3 (channel to Oriental) 35° 01' 02" N - 76° 
41' 51" W; thence 303° (M) approximately 
600 yards to a point on the eastern tip of 
Windmill Point 35° 01' 10" N - 76° 42' 08" 
W. 

(c) In Greens Creek (Oriental) west of a line 
at the confluence of Greens and Kershaw 
Creeks beginning at a point on the south 
shore 35° b 28" N - 76° 42' 55" W run- 
ning 005° (M) to a point on the north 
shore 35° 01' 38" N - 76° 42' 54" W, no 
more than 75 yards from the shoreline 
east of this line to the Highway 55 bridge. 

(f) In that area bound by a line beginning at 
a point on Whittaker Point 35° 01' 37" N 
- 76° 40' 56" \V; thence running 1 ( )2° (M) 
approximately 500 yards to a point in the 
river 35° 01' 23" N - 76° 40' 57" W; thence 
along the six foot depth curve northeast 
to a point in the river off Orchard Creek 
35° 03' 18" N - 76° 37' 53" W; thence 280° 
(M) approximately 900 yards to a point 



5:7 NORTH CAROLINA REGISTER April 2, 1990 



129 



PROPOSED RULES 



on the eastern tip of Cockle Point 35° 03' 
20" N - 76° 38' 27" VV. 

(g) In that area bound by a line beginning at 
a point on the north shore near the mouth 
of Orchard Creek 35° 03' 38" N - 76° 37' 
54" W running 177° (M) approximately 
400 yards to a point 35° 03' 27' N - 76° 
37' 54" W; thence along the six foot depth 
curve to a point eastward; thence 174° 
(M) 600 vards to a point on the north 
shore 35° 03' 56" N - 76° 36' 42" W. 

(h) In that area bound by a line beginning 
at a point on the north shore approxi- 
mately 400 yards south of Gum Thicket 
Creek 35= 04' 12" N - 76° 36' 11" W; 
thence running 132° (M) approximately 
600 yards to anoint 35° 03' 55" N - 76° 
35' 48" \V; thence along the six foot depth 
curve eastward to a point 35° 04' 10" N - 
76° 34 37" \V; thence 304° (M) to a point 
on the shore 400 yards north of Gum 
Thicket Creek 35° 04' 38" N - 76° 35 42" 
W. 

(i) In Lower Broad Creek east of a line run- 
ning 188° (M) through Red Day Marker 
No. 4. No more than 150 yards from 
shore between a line running 188° (M) 
through Red Day Marker No. 4 and a line 
running 228° (M) through Green Marker 
No. 3. Pots may not be set in Burton 
Creek. 

(j) Piney Point Shoal rVrea, in that area 
bound by a line beginning at a point on 
the north side of a creek (locally known 
as YV'adin or Persimmon Creek) 35° 07' 
17" N - 76° 33' 26' VV running 1 1 5= (M) 
approximately 300 yards to a point near 
the six foot depth curve 35° 07' 15" N - 
76° 33' 16" VV; thence south and southeast 
along the six foot depth curve to a point 
east of the old lighthouse 35° 05' 17" N - 
76° 32 42" \V; thence 28S° (M) through 
the old lighthouse to a point on shore 
north of Red Day Marker No. 2 at the 
mouth of Broad Creek 35° 05' 42" N - 76° 
35' 18" W. 

(k) In that area bound by a line beginning at 
a point on the south shore of Maw Bay 
35° OS' 32" N - 76= 32' 3S" VV; thence 
running 114= (M) to Maw Point Shoal 
Dav Marker No. 2; thence 317° (Ml to 
Maw Point 35 c OS' 55" N - 76 32 11" 
\V. 

(1) In that area east of Slocum Creek bound 
by a line beginning at a point 34° 57' 02" 
N - 76° 53' 42 W; thence running 029 = 
(Ml approximately 1100 yards to a point 
34 57' 32" N - '~6 : 53" 2S W; thence 



alona the six foot curve to a point 34° 56' 
34" N - 76° 49' 38" W; thence 176° (M) 
approximately 300 yards to a point 34° 56' 
26" N - 76° 49' 35" W. 

(m) In that area bound by a line beeinnina 
at a point 34° 56' 22" N - 76° 49' 05" VV, 
running 057° (M) approximately 1100 
yards to Day Marker "2" off Cherry 
Point; thence 097° (M) approximately 200 
yards to a point 34° 56' 42" N - 76° 48' 
27" W; thence along the six foot curve to 
a point 34° 55' 10" N - 76° 45' 40" \V; 
thence 187° (M) approximately 400 yards 
to a point on Temple Point 34° 54' 58" 
N - 76= 45' 40" VV. 

(n) In that area southeast of a line beginning 
at a point at the mouth of Clubfoot Creek 
34° 55' 20" N - 76° 45' 09" VV running 
076° (M) to a point on shore 34° 55' 37" 
N - 76= 44' 2i" VV. 

(o) In Clubfoot Creek south of a line begin- 
ning at a point on the east shore 34° 54' 
30" N - 76° 45' 26" VV, running 284' (M) 
to a point on the west shore 34° 54' 33" 
N - 76° 45' 43" VV. Pots may be set 50 
yards from shore north of this line. 

(p) In that area bound by a line beginning 
at the western tip of Great Island 34° 55' 
47" N - 76° 44' 50" VV; thence running 
275° (M) approximately 500 vards to a 
point 34° 55' 46" N -' 76= 45' 07" VV; 
thence 029° (M) approximately 1400 
yards to a point 34° 56' 24" N -76° 44' 
48" VV; thence 120° (M) to a point 34° 56' 
06" N - 76° 43' 59" VV; thence 232° (M) 
to a point on Great Island 34° 55' 50" N 
. 76° 44' 17" VV. 

(q) In that area bound by a line beginning 
at a point west of Pong Creek 34° 55' 38" 
N - 76° 44' 18" VV running 064° (M) to a 
point 34° 55' 57" N - 76° 43' 43" VV; 
thence 138° (M) to a point on shore at the 
mouth of Great Neck Creek 34 : 55' 50" 
N - 76° 43' 25" VV. 

(r) In that area bound by a line beginning at 
a point at the mouth of Great Neck Creek 
34 c 55 50" N - 7 6 : 43' 25" VV. running 
318° (M) 750 yards to a point 34= 56' 04" 
N - "6° 43' 47" VV; thence following the 
shoreline no more than 750 yards from 
shore to a point 34= 56' 50" N - 76° 43' 
11 VV; thence 116= (M) 750 yards to a 
point on shore at Courts Creek 34= 56' 
42 N - 76° 42' 46" VV. 

(s) In that area bound by a line beginning at 
a point on Courts Creek 34= 56 42" N - 
76' 42 46 VV. running 296= (M) 1000 
yards to a point 34= 56' 52" N - ~6 ; 43' 



130 



5:1 XORTH CAROLIXA REGISTER April 2, 1990 



PROPOSED RULES 



20" VV; thence parallel with the shoreline 
no more than 1000 yards to a point 34° 
57' 53" N - 76° 41' 59" W; thence 190° 
(M) 1000 yards to a point on shore 34° 
57' 24" N - 76° 42' 00" \V. 

(t) In that area bound by a line beginning at 
a point on shore, 34° 57' 24" N - 76° 42' 
00" W, running 010° (M) 500 yards to a 
point 34° 57' 38" N - 76° 42' 00" W; 
thence running parallel to the shoreline 
no more than 500 yards from shore to a 
point 34° 57' 33" N - 76° 41' 00" W; 
thence 179° (M) to a point 34° 57' 23" N 
- 76° 40' 58" W; thence 260° (M) to a 
point on shore at the mouth of Adams 
Creek 34° 57' 22" N - 76° 41' 10" W. 

(u) In that area bound by a line beginning 
at a point on the northeast side of Adams 
Creek 34° 57' 30" N - 76° 40' 36" W; 
thence 278° (M) 225 yards offshore to a 
point 34° 57' 30" N - 76° 40' 45" W; 
thence 359" (M) to a point off Winthrop 
Point 34° 58' 26" N - 76° 40' 56" W; 
thence running 056° (M) to a point off 
Cedar Point 34° 59' 07" N - 76° 40' 04" 
W; thence 140° (M) to the shoreline on 
Cedar Point 34° 58' 50" N - 76° 39' 41" 
W. 

(v) In that area bound by a line beginning at 
a point on Cedar Point 34° 58' 50" N - 
76° 39' 41" VV, running 320° (M) 750 
yards to a point 34° 59' 05" N - 76° 40' 
01" W; thence parallel to the shoreline no 
more than 750 yards from shore to a point 
34° 59' 16" N - 76° 39' 31" VV; thence 167° 
(M) to a point on shore 34° 58' 56" N - 
76° 39' 21" W. 

(w) In that area bound bv a line beginning 
at a point on shore 34° 58' 56" N - 76° 
39' 21" VV running 347° (M) to a point 34° 
59' 03" N - 76° 39' 24" W; thence parallel 
to the shoreline no more than 200 yards 
from shore to a point 34° 59' 08" N - 76° 
38' 47" VV; thence 184° (M) to a point on 
shore 34° 59' 01" N - 76° 35' 25" VV. 

(x) In that area bound by a line beginning at 
a point west of Garbacon Creek 34° 59' 
01" N - 76° 38' 43" VV, running 004° (M) 
750 yards to a point 34° 59' 23" N - 76° 
38' 46" VV; thence parallel with the shore- 
line no more than 750 yards from shore 
to a point off Browns Creek 35° 00' 20" 
N - 76° 33' 45" VV; thence 172° (M) to the 
shoreline on the west side of Browns 
Creek 34° 59' 57" N - 76° 33' 35" VV. 

(y) In that area bound by a line beginning at 
a point on shore at the mouth of Browns 
Creek 34° 59' 55" N - 76° 33' 29" VV, 



running 352° (M) 750 yards to a point on 
35° 00' 22" N - 76° 33' 34" VV; thence 
parallel to the shoreline no more than 750 
yards from shore to a point 35° 03' 56" N 

- 76° 28' 56" W; thence 136° (M) 750 
yards to a point on shore north of Rattan 
Bay 35° 03' 45" N - 76° 28' 32" VV. 

(z) In that area bound by a line beginning 
on the north side of Rattan Bay at a point 
on the shoreline 35° 03' 45" N - 76° 28' 
32" VV; thence running 316° (M) 600 yards 
offshore to a point 35° 03' 54" N - 76° 28' 
52" VV; thence running parallel with the 
shoreline 600 yards offshore to a point 35° 
04' 09" N - 76° 26' 44" VV; thence 239° 
(M) 600 yards to a point on shore 35° 04' 
57" N - 76° 27' 00" VV. 
(aa) In Adams Creek: 

(i) Between a line running 080° (M) 
through Red Flasher No. 4 at the mouth 
of Adams Creek and a line beginning at a 
point on the south shore of Cedar Creek 
34° 55' 52" N - 76° 38' 49" VV, running 
297° (M) to a point on the west shore of 
Adams Creek 34° 56° 03" N - 76° 39' 27" 
VV, no more than 200 yards from shore. 

(ii) Between a line beginning at a point at 
the mouth of Cedar Creek 34° 55' 52" N 

- 76° 38' 49" VV; running 297° (M) to a 
point on the west shore of Adams Creek 
34° 56' 03" N - 76° 39' 27" VV, and a line 
beginning at a point on the east shore 34° 
54' 55" N - 76° 39' 36" VV; running 280° 
(M) to a point on the west shore 34° 54' 
55" N - 76° 40' 01" VV; no more than 300 
yards from the west shore and 200 yards 
from the east shore. 

(iii) South of a line beginning at a point on 
the east shore 34° 54' 55" N - 76° 39' 36" 
VV, running 280° (M) to a point on the 
west shore 34° 54' 55" N - 76° 40' 01" VV, 
except in the marked navigation channel, 
(bb) In South River: 

(i) Southeast of a line beginning at a point 
on the southwest shore 34° 58' 35" N - 
76° 35' 25" VV, running 049° (M) through 
Red Flasher No. 2 to a point on the nor- 
theast shore 34° 59' 07" N - 76° 34' 52" 
VV, no more than 200 yards from the 
shoreline. 

(ii) that area bound by a line beginning at 
a point on the southwest shore 34° 58' 35" 
N - 76° 35' 25" VV, running 049° (M) to 
Red Flasher No. 2; thence running 207° 
(\1) to a point north of I lard v Creek 34° 
58' 13" N - 76° 35' 22" VV; thence follow- 
ing the shoreline to the point of begin- 
ning. 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



131 



PROPOSED RULES 



(cc) In Tumagain Bay: 

(i) Between a line running 077° (M) 
through Green Flasher No. 1 and a line 
beginning at a point on the east shore 34° 
59 r 04" N - 76° 29' 01" W; running 276° 
(M) to a point on the west shore 34° 59' 
03" N - 76° 29' 28" W, no more than 300 
yards on the east shore and 100 yards on 
the west shore. 

(ii) Between a line beginning at a point on 
the east shore 34° 59' 04" N - 76° 29' 01" 
W, running 276' (M) to a point on the 
west shore 34° 59' 03" N - 76° 29' 28" \Y, 
and a line beginning at a point on the east 
shore 34° 57' 56" N - 76° 29' 25" W, 
running 275° (M) to a point on the west 
shore 34° 57' 58" N - 76° 29' 44" W, no 
more than 150 yards from shore, 
(dd) In Cedar Bay east of a line beginning at 
a point 35° 00' 51" N - 76° 29' 42" W 
running 023' (M) to a pomt 35° 01' 09" 
N - 76° 29' 37" W, not more than 200 
yards from the shoreline. 
(ee) In West Bay - North Bay area: 

(i) In that area bound bv a line bediming 
at a pomt 35= 02' 32" N - 76' 22' 27" W; 
thence southwest 220° (M) to Marker No. 
5 W'B; thence southeast 161° (M) to a 
point in West Bay 35° 00' 34" N - 76° 21' 
50" W; thence southwest 1S4° (M) to 
Deep Bend Point 34° 58' 36" N - 76° 21' 
48" W; thence following the shoreline of 
West Bay and North Bay to a point 35° 
02' 09" N - 76° 21' 53" W; thence 317° 
(M) to the beginning point. 

(ii) In West Bay bound by a line beginning 
at a point on shore 35° 03' 34" N -76° 26' 
24 W, running 033° (M) 100 yards to a 
point 35° 03' 38 N - 76° 26' 23" W: 
thence parallel to the shoreline no more 
than 100 yards from shore to a point 35° 
00' 06" N - 76° 25' 24" W, running 278° 
(M) to a point on shore 35° 00' 06" N - 
76° 25' 28" W. 

(iii) In West Bay bound by a line beginning 
at a pomt 35°' 00' 06" N - 76° 25' 28" W, 
running 098 : (M) 500 yards to a point 35 c 
00' 06' r N - 76° 25 12" W; thence 17 T 
(M) 2800 yards to a point 34° 58' 45" N - 
76= 24 42 ' W: thence 270° (M) 1400 yards 
to a point on shore 34° 58' 39" N - 76° 
25' 22" W. 
(ff) In West Thorofare Bay and Merkle Bay 
south and southeast of a line beginning at 
a point in West Bay at Tump Point 34° 
58' 42" N - 76° 22' 49" W: thence south- 
west 258° (M) to Marker Fl R15 ft. 3M 
S WB: thence southwest 203° (M) to 



Fong Bay Point 34° 57' 52" N - 76° 24' 
12" W. 

(gg) In Fong Bay: 

(i) In that area bound by a line beginning 
at a point on the south side of Stump Bay 
in Fong Bay 34° 57' 13" N - 76° 27' 12" 
W; running northeast 077° (M) across 
Stump Bay to a point 34° 57' 39" N - 76° 
25' 51" W; thence 032° (M) to a point 34° 
58' 39" N - 76° 25' 22" W, following the 
shoreline to the beginning point, 
(ii) Southwest of a line beginning on the 
west shore 34° 57' 13" N - 76° 27' 12" 
W, running 134° (M) to a point on the 
east shore at Swimming Point 34° 56' 46" 
N - 76° 26' 26" W. 
(iii) In the area bound by a line beginning 
at a point on shore at Swimming Point 
34° 56' 46" N - 76° 26' 26" W, running 
314° (M) 300 yards to a point 34° 56' 52" 
N - 76° 26' 33" W; thence parallel to the 
shoreline no more than 300 yards from 
shore to a point 34° 58' 03" N - 76° 24' 
10" W; thence 203° (M) to Fong Bay 
Pomt 34° 57' 52" N - 76° 24' 12" W 

(hh) Raccoon Island, on the northeast shore 
between a point on the northwest shore 
35° 04' 27" N - 76° 26' 16" W and a point 
on the southwest shore 35° 04' 00" N - 76° 
25 33" W from the shoreline no more 
than 150 yards from shore; on the south 
and west shores, no more than 50 yards 
from the shoreline. 

(8) Core Sound, Back Sound and the Straits 
and their tributaries. 

(9) North River: 

(a) In that area bound by a line beginning at 
a point on the shore on the east side of 
North River south of Goose Bay 34° 43' 
35" N - 76° 34' 55" W; thence running 
252° (M) to a point in the river 34° 43' 28" 
N - 76° 35' 14" W; thence rumiing 355° 
(M) to a point in the river 34° 45' 20" N 
- 76° 35' 45" W; thence running 060° (M) 
to a point in the river 34° 45' 45" N - 76° 
25' 04 W; thence running I65 e (M) to a 
point on the shore at the mouth of South 
Feopard Creek 34 c 45' 36" N - 76° 34' 59" 
W: thence with the shoreline to the point 
of beginning. 

(b) In that area bound by a line beginning 
at a point on the west side of North River 
near Steep Point 34° 43' 40" N - 76° 37' 
20" W; thence running 040° (M) to a 
pomt 34° 44 35" N - 76° 36' 36 W; 
thence running 291° M 300 yards to a 
pomt 34° 44' 37" N - 76° 36' 45" W; 
thence running 219° (M) to a point 34° 



132 



5:1 \ORTH CAROLI.XA REGISTER April 2, 1990 



PROPOSED RULES 



44' 13" N - 76° 37' 05" W; thence running 
307° (M) to a point 34° 44' 16" N - 76° 
37' 12" W; thence running 018° (M) to a 
point 34° 45' 20" N - 76° 36' 56" W fol- 
lowing the shoreline to the beginning 
point. 

(c) In that area of the North River marshes 
bound by a line beginning at Red Flasher 
No. "6" running 038° (M) along the 
southeast side of Steep Point Channel 
through Red Day Marker No. "8" to a 
point 34° 44' 08" N - 76° 36' 52" W; 
thence 125° (M) to a point 34° 43' 48" N 

- 76° 36' 08" W; thence 144° (M) to a 
point 34° 43' 30" N - 76° 35' 47" W; 
thence 188° (M) to a point 34° 42' 23" N 

- 76° 35' 47" W; thence 221° (M) to Red 
Flasher No. "56"; thence 278° (M) to a 
point 34° 42' 14" N - 76° 36' 43" W; 
thence 346° (M) to a point 34° 42' 45" N 

- 76° 36' 58" W; thence 008° (M) to a 
point 34° 43' 14" N - 76° 36' 58" W; 
thence 318° (M) to the beginning point. 

(d) In the area north of a line beginning on 
the east shore at 34° 46' 11" N - 76° 35' 
13" W; thence running 270° (M) to a 
point on the west shore at 34° 46' 11" N 

- 76° 37' 01" W. 
(10) Newport River: 

(a) In that area bound by a line beginning at 
a point on the south shore 34° 45' 30" N 

- 76° 43' 10" W; thence running 026° (M) 
to a point on the north shore of Newport 
River 34° 46' 33" N - 76° 42' 46" W; 
thence with the shoreline to Beacon No. 
24 in Core Creek; thence south with the 
Intracoastal Waterway to a point near 
Newport Marshes 34° 44' 56" N - 76° 45' 
38" W; thence 274° (M) to Crab Point 34° 
44' 54" N - 76° 42' 12" W; thence with the 
shoreline to the beginning point. 

(b) In that area bound by a line beginning 
at a point on the shore on the south side 
of Russell's Creek 34° 45' 28" N - 76° 39' 
46" VV running 278° (M) 1000 yards to 
Quick Flasher Beacon No. 29 in the In- 
tracoastal Waterway; thence running 173' 
(M) 1700 yards with the shoal to a point 
34° 44' 37" N - 76° 40' 06" W; thence 
195° (M) 1050 yards to a point on Gallant 
Point 34° 44' *06" N - 76° 40' 11" W; 
thence east and north with the shoreline 
to the beginning point. 

(c) In the mouth of Harlowc Creek north of 
a line beginning at a point near White 
Rock 34° "46' 28" N - 76 5 43' 28" W, run- 
ning 089' (M) to a point 34° 46' 33" N - 
76° 42' 46" W. 



(11) Bogue Sound: 

(a) In that area bound by a line beginning at 
a point 34° 42' 16" N - 76° 49' 24" W on 
the south shore of Bogue Sound (locally 
known as McGinnis Point) running 008° 
(M) to a point in Bogue Sound 34° 43' 
12" N - 76° 49' 24" W; thence running 
099° (M) to Atlantic Beach Bridge 34° 43' 
08" N - 76° 44' 12" W; thence 119° (M) 
to a point on the shore at Tar Landing 
Bay 34° 42' 30" N - 76° 42' 12" W; thence 
191° (M) to a point on Bogue Banks 34° 
42' 00" N - 76° 42' 15" W; thence with the 
shoreline to the beginning point. 

(b) In that area north of the Intracoastal 
Waterway beginning at the Atlantic Beach 
Bridge and running parallel with the In- 
tracoastal Waterway to Channel Marker 
(Beacon) No. 39 at Bogue (Guthrie 
Point). 

(c) In that area on the north side of the In- 
tracoastal Waterway from the Old Ferry 
Channel to the Highway 58 bridge. 

(12) Designated primary nursery areas in all 
coastal fishing waters which are listed in 
Rule 15A NCAC 3R .0003, except Burton 
Creek off Lower Broad Creek in Pamlico 
County. 

(13) West and south of the Highway 58 Bridge 
at Fmerald Isle from May 1 through Octo- 
ber 3 1 in areas and during such times as the 
Fisheries Director shall designate by procla- 
mation. 

Statutory Authority G.S. 113-134; 113-182; 
113-221'; 143B-289A. 

.0008 MECHANICAL METHODS PROHIBITED 

(a) It is unlawful to use mechanical methods 
to take oysters in Pamlico Sound, within the area 
bounded by a line beginning at a point on the 
north side of Swash Inlet 34° 58' 50" N - 76° 09' 
13" W; thence running 272° (M) 5,420 yards to 
a point in Wainwright Channel 34° 59' 30" N - 
76° 12' 22" W immediately east of the northern 
tip of Wainwright Island; thence 019° (M) 2,000 
yards to red 4 second interval flashing beacon 
"2CS" 35 3 00' 16" N - 76° 12' 12" W; thence 033 3 
(M) 2,900 yards to 4 second interval flashing 
beacon "ML" 35° 01' 35" N - 76° 1 1' 27" W; 
thence 043 (M) 14.450 yards to a point in 
Pamlico Sound 35° 07' 06" N - 76° 06' 54" W; 
from which point green 4 second interval flashing 
beacon "5" on Royal Shoal bears 325 (M) 
6.220 yards; and a yellow 6 second interval 
flashing beacon on Royal Shoal bears 257 (M) 
3.00(1 yards; thence 07S° (M) 7.X00 yards to given 
2.5 second interval Hashing beacon "9" 35° OS' 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



133 



PROPOSED RULES 



26" N - 76° 02' 30" W in Nine Toot Shoal 
Channel; thence 067° (M) 3,640 yards to red 4 
second interval flashing beacon "14BF" 35° 09' 
21" N - 76° 00' 39" W in Big Foot Slough 
Channel; thence 078° (M) 26,260 yards to a 
quick-flashing beacon 35° 14' 00" N - 75° 45' 50" 
W; southwest of Oliver Reef; thence 033° (M) 
6,100 yards to 2.5 second interval flashing beacon 
"1" 35° 16' 46" N - 75° 44' 16" W in Rollinson 
Channel: thence 079° (M) 13,920 yards to red 4 
second interval flashing beacon "2" 35° 19' 02" 
N - 75° 36' 19" YV in Cape Channel; thence 139° 
(M) 8,340 yards to a point on the shoreline of 
Hatteras Island near Buxton 35° 16' 18" N - 75° 
32' 20" W; thence southwest with the shoreline 
of Hatteras Island to a point 35° 11' 30" N - 75° 
44' 48" W on the southwest end of I latteras Is- 
land; thence 269° (M) 2,380 yards across Hatteras 
Inlet to a point 35° 11' 18" N - 75° 46' 15" W on 
the northeast end of Ocracoke Island; thence 
southwest with the shoreline of Ocracoke Island 
to a point 35° 03' 54" N - 76° 00' 54" W on the 
southwest end of Ocracoke Island; thence 268° 
(M) 2,220 yards across Ocracoke Inlet to a point 
35° 03' 42" N - 76° 02' 15" W on the northeast 
end of Portsmouth Island; thence running 
southwest with the shoreline of Portsmouth Is- 
land and Core Banks to a point on the north side 
of Swash Inlet 34° 58' 50" N - 76° 09' 13" W, to 
the point of the beginning. 

(b) It is unlawful to use mechanical methods 
to take oysters in Core Sound and its tributaries 
southwest of a line beginning at a point on the 
north side of Swash Inlet 34° 58' 50" N - 76° 09' 
13" W, and running 292° (M) to a point off Hog 
Island Reef 35° 00' 06" N - 76° 14' 52" W. 

(c) It is unlawful to use mechanical methods 
to take oysters in any of the following areas: Back 
Bay at Hog Island, North Bay, the Straits, Back 
Sound, North River, Newport River, Bogue 
Sound, White Oak River, New River, Lock- 
woods Folly River, Shallotte River, and Sau- 
cepan Creek (Brunswick County), except on 
private bottom by permit. 

Statutory Authority G.S. 113-134; 113-182; 
I43B-2S9.4. 

.0009 TAKING CRAHS WITH DREDGES 

It is unlawful to take crabs with dredges except 
during the period January 1 through March 1 
within the area in Pamlico Sound bounded by a 
line beginning at a point on Sandy Point 35° 37' 
35" N - 75° 43' 46" W running 008= 10.1 nautical 
miles to a point on shore 35° 47' 45" N - 75° 43' 
56" W; thence 051° (M) 1.75 nautical miles to a 
white daybeacon 35° 49' 03" N - 75° 42' 2S" W; 
thence 09S° 7 nautical miles to the Bodie Island 



Lighthouse; thence 157° (M) 3.6 nautical miles 
to the Oregon Inlet Coast Guard Station flasher; 
thence 182° (M) 9.7 nautical miles to Flasher No. 
3 at Chicamacomico Channel 35° 36' 21" N - 75° 
30' 00" W; thence 285° (M) 11.3 nautical miles 
to the point of beginning. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0010 CRAB SPAWNING SANCTUARIES 

The crab spawning sanctuaries within which the 
taking of crabs may be restricted or prohibited 
during the period of April 1 through August 31 
are described as follows: 

(1) In the Oregon Inlet Area. Beginning at a 
point 35° 47' 42" N - 75° 32' 21" W at the 
elevation of mean high water on the ocean 
beach one mile north of North Point on 
Bodie Island, thence seaward 66° (M) 880 
vards to a point in the Atlantic Ocean 35° 
47' 59" N - 75° 31' 51" W; thence 159° 
(M), 4,000 vards to a point 35° 46' 21" N - 
75° 30' 40" W; thence 248° (M), 880 yards 
to a point on the hieh water line of the At- 
lantic Ocean 35° 46' 06" N - 75° 31' 08" 
W, said point being one mile south of South 
Point; thence running with the high water 
line of the Atlantic Ocean on Pea Island 
northward to South Point; thence around 
South Point with the high water line of 
Pamlico Sound approximately 7,000 vards 
to a point 35° 43' 42" N - 75° 30' 54" W 
on the high water line of the south point of 
Eagle Nest Bay; thence 273° (M), 2,200 
yards to a point in Pamlico Sound 35° 43' 
42" N - 75° 32' 12" W; thence 344= (M), 
8,100 yards to a point 35° 47' 16" N - 75° 
34' 09" YV (present location of channel 
marker "2"); thence 17° (M), 2,800 yards to 
a point on the hiiih water line of Bodie Is- 
land 35° 48' 45" N - 75° 33' 54" W, said 
point being near the eastern edge of Off Is- 
land; thence southward with the high water 
line of Pamlico Sound approximately 6,8S0 
yards to North Point on Bodie Island; 
thence northward along the high water line 
of the Atlantic Ocean on Bodie Island ap- 
proximately one mile to the point and place 
of the beginning. 

(2) In the Hatteras Inlet Area. Beginning at a 
point 35° 10' 40" N - 75° 44' 31" YV at the 
elevation of mean high water on the eastern 
side of Hatteras Inlet: thence northeasterly 
along the elevation of mean high water on 
the northwestern side of Hatteras Island to 
a point 35 c 12' 05" N - 75° 43' 21" YV on the 
shore of Pamlico Sound; thence on a bearing 



134 



5:1 \ORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



of 333° (M), 4,700 yards to a point in Pam- 
lico Sound southeast of Ira Peele's Fishing 
Pier 35° 13' 38" N - 75° 45' 26" W; thence 
235° (M), 7,200 yards to a point 35° 11' 04" 
N -- 75° 48' 26" W on the eastern edge of 
Outer Green Island; thence on a bearing of 
150° (M), 1,050 yards to a point 35° 10' 42" 
N -- 75° 47' 54" W; at the elevation of mean 
high water on the northwest side of Ocra- 
coke Island; thence northeasterly along the 
elevation of mean high water to a point 35° 
IP 19" n - 75° 46' 15" W on the western 
side of Hatteras Inlet; then on a bearing of 
083° (M), 2,930 yards across Hatteras Inlet 
to the point of beginning. 
(3) In the Ocracoke Inlet Area. Beginning at 
a point 35° 03' 43" N -- 76° 04' 50" W on the 
high water line of Portsmouth Island, [said 
point being 252° (M), 2,100 yards from the 
spire of Portsmouth Methodist Church]; 
thence northeasterly and easterly along the 
high water line of Pamlico Sound on Ports- 
mouth Island approximately 3,800 yards to 
the high water line at the western shore of 
Ocracoke Inlet; thence with the high water 
line southeastward approximately 2,000 
yards to the high water line of the Atlantic 
Ocean on Portsmouth Island; thence south- 
westerly approximately 1,600 yards along 
the high water line of the Atlantic Ocean to 
a point 35° 03' 03" N - 76° 03' 05" W; 
thence seaward 154° (M), 880 yards to a 
point in the Atlantic Ocean 35° 02' 38" N — 
76° 02' 43" W; thence 64° (M), 1,280 yards 
to a point 35° 02' 58" N - 76° 02' 05" W; 
thence 83° (M), 3,500 yards to a point 35° 
03' 23" N - 76° 00' 03" W; thence 55° (M), 
1,725 yards to a point 35° 03' 58" N - 75° 
59' 18" W; thence 324° (M), 880 yards to a 
point 35° 04' 20" N - 75° 59' 43" W on the 
high water line of the Atlantic Ocean on 
Ocracoke Island; thence southwesterly along 
the high water line of the Atlantic Ocean 
approximately 2,100 yards to the high water 
line of Ocracoke Inlet; thence northwesterly 
with the high water line of Ocracoke Inlet 
approximately 600 yards to the high water 
line of Pamlico Sound; thence northeasterly 
with the high water line of Pamlico Sound, 
approximately 5,900 vards to a point 35° 06' 
12" N - 75° 59' 22" W (said point being 
just south of the western tip of Springers 
Point); thence 273° (M) (through the pres- 
ent location of channel marker "25", the 
north edge of Beacon Island and Shell Castle 
Island), 8,400 yards to a point in Pamlico 
Sound 35° 05' 51" X - 76° 04' 25" W (said 
point being at or near the western extremity 



of Shell Castle Island); thence 197° (M), 
4,380 yards to the point and place of the 
beginning. 

(4) In the Drum Inlet Area. Beginning at a 
point on the high water line of Core Sound 
on Core Banks 34° 50' 09" N - 76° 20' 25" 
W; thence 326° (M), 2,000 yards to a point 
in Core Sound 34° 50' 50" N - 76° 21' 15" 
W; thence 50° (M), 8,000 yards to a point 
in Core Sound 34° 53' 44" N - 76° 18' 03" 
W; thence 151° (M), 2,390 yards to a point 
on the high water line of Core Sound on 
Core Banks 34° 52' 48" N - 76° 17' 12" W; 
thence with said high water line southwes- 
terly approximately 4,400 yards to Drum 
Inlet; thence with the high water line around 
Drum Inlet and northward approximately 
4,400 yards to a point on the high water line 
of the Atlantic Ocean 34° 52' 36" N - 76° 
17' 03" W; thence seaward 151° (M), 880 
yards to a point in the Atlantic Ocean 34° 
52' 13" N - 76° 16' 45" W; thence 231° (M), 
7,500 yards to a point in the Atlantic Ocean 
34° 49' 30" N - 76° 19' 51" W; thence 326° 
(M), 880 yards to a point on the high water 
line of the Atlantic Ocean on Core Banks 
34° 49' 54" N - 76° 20' 16" W; thence 
northwardly along the high water line of the 
Atlantic Ocean to the south side of Drum 
Inlet; thence around the high water line of 
Drum Inlet and southward along the high 
water line of Core Sound on Core Banks to 
the point and place of the beginning. 

(5) In the Bardens Inlet Area. Beginning at a 
point 34° 40' 42" N - 76° 29' 33" W on the 
high water mark of Core Sound; thence 278° 
(M) 4,350 yards to a point 34° 43' 02" N - 
76° 29' 29" W (the present location of 
channel marker "39"); thence 224° (M), 
5,900 yards to a point at the edge of Light- 
house Channel 34° 40' 42" N - 76° 31' 36" 
W (the present location of channel marker 
"35"); thence 211° (M), 3,500 yards to a 
point on the high water line of Shackleford 
Banks 34° 39' 06" N - 76° 32' 27" W (this 
line ruiuiing through Beargrass Island, and 
the point being at the tip of a prominent 
point of marsh immediately shoreward of 
Beargrass Island); thence along the high wa- 
ter line of Back Sound on Shackleford 
Banks eastward approximately 2,500 yards 
to Bardens Inlet; thence southward with the 
high water line of the western shoreline of 
Bardens Inlet approximately 1,700 yards to 
the high water line of the Atlantic Ocean; 
thence westward along the high water line 
of the Atlantic Ocean on Shackleford Banks 
approximately 2.000 yards to a point 34° 38' 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



135 



PROPOSED RULES 



30" N - 76° 32' 38" W on the high water line 
of the Atlantic Ocean; thence 218° (M) 
through the present location of buoy R 
"4", 3,375 yards to a point 34" 37' 05" N -- 
76° 33' 43" W (the present location of buoy 
R "2"); thence 131° (M), 1,075 yards to a 
point 34° 36' 47" N -- 76° 33' 11" W (this 
point being at the base of Cape Lookout 
jetty at the high water line); thence north- 
ward with the high water line of the Atlantic 
Ocean approximately 1,800 yards to the 
northern tip of Power Squadron Spit; thence 
southward, eastward, and northward along 
the high water line around the shoreline of 
Cape Lookout Bight approximately 5,000 
yards to the high water line on the eastern 
shoreline of Bardens Inlet; thence nor- 
theasterly with the high water line of Core 
Banks. 



Statutory Authority 
143B-289.4. 



G.S. 113-134; 1 13-182; 



.001 1 PURSE SEINES PROHIBITED 

It is unlawful to take menhaden or Atlantic 
thread herring by the use of a purse seine from 
the Atlantic Ocean within an area bounded by a 
line extending from Bald Head Lighthouse bear- 
ing 242° (M) to Cape Fear River ship channel 
buoy "7", then bearing 320° (M) to the foot of 
the Yaupon Beach Fishing Pier on Oak Island, 
then following the shoreline eastward to a point 
near Fort Caswell (33° 53' 13" N - 78° OF 11" 
W), then running 138° (M) to the Bald Head 
lighthouse. 



Statutory Authority G.S. 
I43B-289.4. 



113-134; 113-182; 



•kkkk-kk-k-k-k-k-k-k-k-k^k-k-k-k 



Nc 



oticc is hereby given in accordance with G.S. 
I SOB- 12 that the EHNR - Division of Coastal 
Management intends to adopt nde(s) cited as 
ISA NCAC7M .1101 - .1/02. 

1 he proposed effective date of this action is 
September 1. 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on May 24. 1990 at Small Business Center, 
College of the A Ibemarle, US 1 7 North, Elizabeth 
City. NC 27909. 

v_ ommenl Procedures: All persons interested in 
these matters arc invited to attend the public 



hearing. The Coastal Resources Commission will 
receive written comments up to the date of the 
hearing. Any persons desiring to present lengthy 
comments is requested to submit a written state- 
ment for inclusion in the record of proceedings at 
the public hearing. Additional information con- 
cerning the hearing or the proposals may be ob- 
tained by contacting: Portia Rochelle, Division of 
Coastal Management, PO Box 27687, Raleigh, 
NC 27611-7687, (919) 733-2293. 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7M - GENERAL POLICY 
GUIDELINES FOR HIE COASTAL AREA 

SECTION .1100 - POLICIES TO MAINTAIN 
PRODUCTIVITY OF ESTUARINE RESOURCES 

.1101 DECLARATION OF GENERAL POLICY 

(a) It is hereby declared that the continued 
productivity and economic viability of North 
Carolina's estuarine and public trust resources 
are necessary to maintain and support commer- 
cial fishing, recreational fishing, and aquaculture 
projects that rely on marine and estuarine re- 
sources. These industries are important to the 
economy and lifestyle of North Carolina. The 
species of fish and shellfish that support these 
industries depend upon good water quality and 
availability of high quality habitat for their 
growth and survival. 

(b) I labitat protection and management of the 
utilization of coastal resources is the responsibil- 
ity of many agencies. The CRC has direct au- 
thority for controlling many development 
activities such as dredging, marina siting and wa- 
ter quality impacts and has undertaken control 
measures to address these activities. Reasonable 
and effective regulations should be developed by 
all responsible agencies to protect critical habitats 
and control harvesting techniques that have the 
likelihood of damaging these resources. It is 
hereby declared that the general welfare and 
public interest require that all State, Federal and 
local agencies coordinate their activities to insure 
optimal estuarine productivity. 



Statutory Authority G.S. U3A- 102(b); 
107; 1 13 A- 124. 



113A- 



.1 102 POLICY STATEMENTS 

(a) The Coastal Resources Commission recog- 
nizes the importance of protecting the highest 
quality coastal waters and aquatic habitats such 
as Outstanding Resource Waters and Primary 
Nursery Areas and encourages the Marine Fish- 
cries Commission and other resource agencies to 



136 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



take the necessary steps to prevent environmental 
harm to aquatic resources from fishing practices. 

(b) Activities that have a high probability of 
degrading water quality or damaging the habitat 
and its living resources shall not be allowed in 
these special areas. 

(c) The Coastal Resources Commission en- 
courages the Marine Fisheries Commission to 
develop and maintain regulations governing fish 
and shellfish harvest practices, including me- 
chanical harvesting and other bottom disturbing 
activities to protect water quality and habitat in- 
tegrity. 

(d) The Marine Fisheries Commission is fur- 
ther encouraged to develop and maintain appro- 
priate fishing regulations to address the adverse 
impacts of trawling and other activities that are 
determined to be detrimental to the productivity 
of the State's coastal rivers and sounds. 

Statutory Authority G.S. 113A-I02(b); I13A- 
107; I13A-I24. 



1 V otice is hereby given in accordance with G.S. 
150B-I2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule cited 
as 15A NCAC 10F .0327. 

1 he proposed effective date of this action is A u- 
gust 1. 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on May 4, 1990 at Room 3S6, Archdale 
Building, 5/2 N. Salisbury Street, Raleigh, North 
Carolina. 



a 



comment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from 
April 19, 1990 to May 18, 1990. Such written 
comments must be delh'ered or mailed to the N.C. 
Wildlife Resources Commission, 512 N. Salisbury' 
Street, Raleigh, NC 276/1. 

CHAPTER 10 - WILDLIFE RESOLRCES AND 
VVATER SAFETY 

SUBCHAPTER I0F - MOTORBOATS AND 

WATER SAFETY 

SECTION .(BOO - LOCAL WATER SAFETY 
REGULATIONS 



.0327 MONTGOMERY COUNTY 

(a) Regulated Areas. This Rule applies only 
to the portions of Badin Lake, Lake Tillery and 
Tuckertown Reservoir which lie within the 
boundaries of Montgomery County. 

(b) Speed Limit Near Shore Facilities. No 
person shall operate a vessel at greater than no- 
wake speed within 50 yards of any marked boat 
launching area, dock, pier, bridge, marina, boat 
storage structure, or boat service area on the wa- 
ters of the regulated area areas described in Par- 
agraph (a) of this Rule. 

(c) Boating Safety Zones. No person shall 
operate a vessel at greater than no -wake speed 
within 50 yards of any marked hazardous or 
congested area established with approval of the 
Wildlife Resources Commission on the waters 
of the regulated areas described in Paragraph (a) 
of this Rule. 

(d) £e) Restricted Swimming Areas. No person 
operating or responsible for the operation of a 
vessel shall permit it to enter any marked public 
swimming area established with the approval of 
the Ex e cutiv e Director, Bf h» repr e s e ntative, 
Wildlife Resources Commission on the waters 
of the regulated areas described in Paragraph (a) 
of this Rule. 

(e) (4} Placement and Maintenance of Markers. 
The Board of Commissioners of Montgomery 
County is hereby designated a suitable agency for 
placement and maintenance of the markers 
hereby authorized, subject to the approval of the 
United States Coast Guard and the United States 
Army Corps of Engineers. With regard to 
marking the regulated areas described in Para- 
graph (a) of this Rule, supplementary standards 
as set forth in Rule .0301(g)(1) to (8) of this 
Section shall apply. 

Statutory Authority G.S. 75A-3; 75A-I5. 

"k&'k'k-k-k-k-k'k-k'k-k-k'k'k'k-k-k 



iV otice is hereby given in accordance with G.S. 
150B-I2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule cited 
as 15A NCAC /OF .0350. 

1 he proposed effective dale of this action is Au- 
gust 1, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on May 2, 1990 at Room 386, Archdale 
Building, 512 N. Salisbury Street. Raleigh. North 
Carolina. 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



137 



PROPOSED RULES 



(comment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing, will 
be open for receipt of written comments from 
April 13, 1990 to May 18, 1990. Such written 
comments must be delivered or mailed to the N.C. 
Wildlife Resources Commission, 5/2 N. Salisbury 
Street, Raleigh, NC 27611. 

.0350 DURHAM AND WAKE COUNTIES 

(a) Definitions. In addition to the definitions 
set forth in Paragraph (b) of Rule .0301 of this 
Section, the following definitions apply for the 
purposes of this Rule: 

(1) Corps - Corps of Engineers, United States 
Army; 

(2) State Parks - Division of Parks and Re- 
creation, N. C. Department of Environ- 
ment, Health, and Natural Resources; 

(3) Regulated /Area - Those portions of Ealls 
Lake located within the boundaries of 
Durham and Wake Counties. 

(b) Speed Limit. No person shall operate a 
vessel at greater than no-wake speed: 

(1) while within a designated mooring area 
established on the regulated area by or 
with the approval of the Corps and State 
Parks; 

(2) within fifty yards of any public boat 
launching ramp or boat service facility, 
including docks used for fueling or boat 
repair, located on the regulated area; 

(3) within 50 yards of any state road bridge 
crossing over that portion of falls 1 ake 
located within the boundaries of Wake 
County. 



(c) Restricted Zones. No person operating or 
responsible for the operation of any vessel, surf- 
board or water skis shall permit the same to en- 
ter: 

(1) any marked swimming area located on the 
regulated area; 

(2) any areas near the dam structures located 
on the regulated area that shall be marked 
by or with the approval of the Corps 
against entry by vessels. 

(d) Placement and Maintenance of Markers. 
The Board of Commissioners of Durham 
County and the Board of Commissioners of 
Wake County are designated suitable agencies for 
placement and maintenance of markers imple- 
menting this Rule within their respective coun- 
ties, subject to the approval of the Corps. 
Provided the said boards exercise their supervi- 
sory responsibilities, they may delegate the actual 
placement and maintenance of markers to some 
other responsible agency. With regard to mark- 



ing of the regulated area described in Paragraph 
(a) of this Rule, all of the Supplementary stand- 
ards listed in Paragraph (g) of Rule .0301 of this 
Section shall apply. 

Statutory Authority G.S. 75A-3; 75A-15. 
****************** 



lyotice is hereby given in accordance with G.S. 
1 SOB- 12 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule(s) 
cited as ISA NCAC I OH .0302. 

1 he proposed effective dale of this action is A u- 
gust 1, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on May 16, 1990 at Room 386, Archdale 
Building, SI 2 N . Salisbury Street, Raleigh, N.C. 

(_ omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from May 
1. 1990 to May 30, 1990. Such written comments 
must be delivered or mailed to the N.C. Wildlife 
Commission, 512 N. Salisbury Street, Raleigh, 
NC 27611. 

SUBCHAPTER 1 01 1 - REGULATED ACTIVITIES 

SECTION .0300 - HOLDING WILDLIFE IN 
CAPTIVITY 

.0302 MINIMUM STANDARDS 

(g) Cougar 
( 1 ) Educational Institutions and Zoos Oper- 
ated or Established by Governmental 
Agencies 
(A) Enclosure. A permanent, stationary 
metal cage , at least nine feet wide by 18 
feet k)ng by nine leet high and located in 
the shade or where shaded during the aft- 
ernoon hours of summer, is requ ired. 



1 he cage shall have a concrete floor. The 
bars of the cage shall be of iron or steel 
at least one- fourth inch in diameter, or 
heavy gauge steel chain link fencing ma\ 
be used. 1 he gate shall be equipped with 
a lock or satctv catch, and guard rails shall 
be placed outside the cage so as to prevent 
contact between the observer and the 
caged animal. The cage must contain a 
den at least five feet long hv five feet wide 
bv four feet high and so constructed as to 
be easily cleaned. A "scratch log" shall 



13.S 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



be placed inside the cage. The cage shall 
be equipped with a removable food 
trough. Running water shall be provided 
for Hushing the floor and changing the 
pool 



(B) Sanitation and Care. Adequate food 
shall be provided daily; and clean, clear 
drinking water shall be available at all 
times. In hot weather, the floor of the 
cage and the food trough shall be flushed 
with water and the water in the pool 
changed daily. "1 he den shall be flushed 
and cleaned at least once each week in hot 
weather. An effective program for the 
control of insects, ectoparasites, disease, 
and odor shall be established and main- 
tained. Brush, canvas, or other suitable 
material shall be placed over the cage to 
provide additional shade when necessary. 
The use of collars, tethers or stakes to re- 
strain the cougar is prohibited, except as 
a temporary safety device. 
(2) Application. The following specifications 
are required for the development of plans 
for holding cougars in captivity as pre- 
scribed bv CIS. 113-272.5(e)(4). Appli- 
cants for a Wildlife Captivity License for 
cougar must apply on forms supplied by 
the Commission and include copies of 
proposed plans for confining cougars in 
conditions simulating natural habitats. 
Conditions Simulating Natural Habitat. 
Cougars held in captivity by other than 
educational institutions or governmental 
zoos must be held without caging under 
conditions simulating a natural habitat 
approved by the Wildlife Resources 
Commission, lor a holding facility to be 
deemed in simulation of a natural habitat, 



01 



the following conditions must be satisfied: 
(A) The method of confinement is by chain 
link fence, without the use of chains or 
tethers. 



(i) Nine gauge chain link fencing shall be 
at least 12 feet in height with a four foot 
fence overhang at_ a 45 degree angle on 
the inside of the pen to prevent escape 
from climbing and jumping, 
(ii) Fence posts and at least six inches of 
the fence skirt shall be permanently 
imbedded inasix inch wide by one foot 
deep concrete looter to prevent escape 
bv digging. 
(B) The area of confinement shall be at 
least one acre for one or two cougars with 
an additional one-eighth acre for each ad- 
ditional cougar, except that smaller areas 
containing terrain and topographical fea- 



tures which offer adequate escape cover 
and refuge and meeting all other specifi- 
cations are allowed under special approval 
bv the Wildlife Resources Commission. 
Cougars shall be free under normal con- 
ditions to move throughout such area. 



(C) At least one-half of the area of con- 
finement shall be wooded with living 
trees, shrubs and other perennial vege- 
tation capable of providing shelter from 
sun and wind; and that a 20 foot wide 
strip along the inside of the fence shall be 
maintained free o\_ trees, shrubs and any 
other obstructions which could provide a 
base from which escape through leaping 
could occur. 

(D) The area of confinement shall contain 
a pool not less than one and one-half feet 
deep and not less than four by five feet in 
si/.e. 

(F) bach cougar shall be provided a den to 
which the cougar may retire for rest, shel- 
ter from the elements, or respite from 
public observation. bach den shall he 
four feet wide bv four feet high bv four 
feet deep, bach den shall be enclosed en- 
tirely within at least an eight feet wide bv 
ten feet deep by 12 feet high security cage. 
The security cage shall be completely 
within the confines of the facility, ce- 
ment-floored, shall require nine gauge 
fencing on all sides and the top, and shall 
require a four foot , 45 degree fence over- 
hang around the outside top edge to pre- 
vent cougar access to the top of the 
security cage 

(F) The area of confinement shall present 
an overall appearance of a natural habitat 
and afford the cougars protection from 
harassment or annoyance. 



(41 



Provisions shall be made for adequate 
food and water and tor maintenance of 
sanitation. 



(5) No circumstance shall exist which is cal- 
culated to avoid, circumvent, defeat or 
subvert the purpose of the law or these 
recommendations. 

(6) 1 he applicant must demonstrate bv satis- 
factory evidence that he owns or has some 



other k 



-term legal interest in the real 



property upon which the holding facility 
is located. 
(h) (g) Other Wild Animals 

Statutory Authority G.S. 19A-11; 113-134: 113- 

272.5. 



■kjc-k-k'k'k-k-k-k-k-k-k'te'k'k'k'te'k 



5:1 NORTH CAROLINA REGISTER April 



1990 



139 



PROPOSED RULES 



i V otice is hereby given in accordance with G.S. 
1 SOB- 12 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule(s) 
cited as 15 A NCAC I OH .0302. 

1 he proposed effective date of this action is A u- 
gust I, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on May 16, 1990 at Room 3S6, Archdale 
Building, 5/2 N. Salisbury Street, Raleigh, N.C. 



Cc 



■ omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from May 
I . 1990 to May 30, 1990. Such written comments 
must be delivered or mailed to the N.C. Wildlife 
Commission, 512 N. Salisbury Street, Raleigh, 
NC 27611. 

SUBCHAPTER 1011 - REGULATED ACTIVITIES 

SECTION .0300 - HOLDING WILDLIFE IN 
CAPTIVITY 

.0302 MINIMUM STANDARDS 

(g 1 ) Cougar 
( 1) Educational Institutions and Zoos Oper- 
ated or Hstablished by Governmental 
Agencies 

(A) Enclosure. A permanent, stationary 
metal cage , at least nine feet wide hv 18 
feet long by nine feet high and located in 
the shade or where shaded during, the aft- 
ernoon hours of summer, is required. 
The cage shall have a concrete floor. The 
bars of the cage shall be of iron or steel 
at least one-fourth inch in diameter, or 
heavy gauge steel chain link fencing may 
be used. The gate shall be equipped with 
a lock or safety catch, and guard rails shall 
be placed outside the cage so as to prevent 
contact between the observer and the 
caged animal. The cage must contain a 
den at least five feet long by five feet wide 
by four feet high and so constructed as to 
be easily cleaned. A "scratch log" shall 
be placed inside the cage. 1 he cage shall 
be equipped with a removable food 
trough. Running water shall be provided 
tor flushing the floor and changing the 
pool. 

(B) Sanitation and ("are. Adequate food 
shall be provided dailv: and clean, clear 
drinking water shall be available at all 



times. In hot weather, the floor of the 
cage and the food trough shall be flushed 
with water and the water in the pool 
changed dailv. The den shall be flushed 
and cleaned at least once each week in hot 
weather. An effective program for the 
control of insects, ectoparasites, disease, 
and odor shall be established and main- 
tained. Brush, canvas, or other suitable 
material shall be placed over the cage to 
provide additional shade when necessary. 
The use of collars, tethers or stakes to re- 
Mi.un the ioug.iT is prohibited, except as 
a temporary safety device. 

(2) Application. The following specifications 
are required for the development of plans 
for holding cougars in captivity as pre- 
scribed bv G_S_ 113-272.5(e)(4). Appli- 
cants for a Wildlife Captivity License for 
cougar must apply on forms supplied by 
the Commission and include copies of 
proposed plans for confining cougars in 
conditions simulating, natural habitats. 

(3) Conditions Simulating Natural Habitat. 



Cougars held in captivity by other than 
educational institutions or governmental 
zoos must be held without caging under 
conditions simulating a natural habitat 
approved by the Wildlife Resources 
Commission, l-'or a holding facility to be 
deemed in simulation of a natural habitat, 



the following conditions must be satisfied: 



(A) The method of confinement is bv chain 
link fence, without the use of chains or 
tethers. 

(i) Nine gauge chain link fencing shall be 
at least 12 feet in height with a four foot 
fence overhang at_ a 45 degree angle on 
the inside <M_ the pen to present escape 
from climbing and jumping. 

(ii) fence posts and a[ least six inches of 
the fence skirt shall be permanently 
imbedded in a six inch wide bv one foot 
deep concrete looter to present escape 
bv digging. 

(B) The area of confinement shall be at 
least one acre for one or two cougars with 



an additional one-eighth acre tor each ad- 
ditional cougar, except that smaller areas 
containing terrain and topographical tea- 
tures which offer adequate escape cover 
and refuge and meeting all other specifi- 
cations are allowed under special approval 
bv the Wildlife Resources Commission. 



Cougars shall be free under normal con- 
ditions to move throughout such area. 
(C) At least one-half of the area of con- 
ftnement shall be wooded with living 



140 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



PROPOSED RULES 



trees, shrubs and other perennial vege- 
tation capable of providing shelter from 
sun and wind; and that a 20 foot wide 
strip along the inside of the fence shall be 
maintained free of trees, shrubs and any 
other obstructions which could provide a 
base from which escape through leaping 
could occur. 

(D) The area of confinement shall contain 
a pool not less than one and one-half feet 
deep and not less than four by five feet in 
size. 

(E) Each cougar shall be provided a den to 
which the cougar may retire for rest, shel- 
ter from the elements, or respite from 
public observation. Each den shall be 
four feet wide by four feet high by four 
feet deep. Each den shall be enclosed en- 
tirely within at least an eight feet wide bv 
ten feet deep bv 12 feet high security cage. 

The security cage shall be completely 
within the confines of the facility, ce- 
ment-floored, shall require nine gauge 
fencing on all sides and the top, and shall 
require a lour foot, 45 degree fence over- 
hang around the outside top edge to pre- 
vent cougar access to the top of the 
security caee. 



(E) The area of confinement shall present 
an overall appearance of a natural habitat 
and afford the cougars protection from 



harassment or annoyance. 



(41 



Provisions shall be made for adequate 
food and water and for maintenance of 
sanitation. 



(5) No circumstance shall exist which is cal- 
culated to avoid, circumvent, defeat or 
subvert the purpose of the law or these 
recommendations. 

(6) The applicant must demonstrate bv satis- 
factory evidence that he owns or has some 
other long-term legal interest in the real 
property upon which the holding facility 
is located. 

(h) (g) Other Wild Animals 

Statutory Authority G.S. 19A-11; 113-134; 113- 

272.5. 



TITLE 16 - DEPARTMENT OF PUBLIC 
EDUCATION 

iV otice is hereby given in accordance with G.S. 
1 SOD- 12 that the State Board of Education in- 
tends to amend ride cited as 16 NCAC 6C .0312. 



1 he proposed effective date of this action is 
September I, 1990. 

1 he public hearing will be conducted at 9:30 
a.m. on May 4, 1990 at 3rd Floor Board Room, 
Education Building, 116 W. Edenton Street, Ra- 
leigh, NC 27603-/7/2. 

(comment Procedures: Any interested person 
may present views and comments either in writing 
prior to or at the hearing or orally at the hearing. 

CHAPTER 6 - PUBLIC ELEMENTARY AND 
SECONDARY EDUCATION 

SUBCHAPTER 6C - PERSONNEL 

SECTION .0300 - CERTIFICATION 

.0312 CERTIFICATE SUSPENSION AND 
REVOCATION 

(a) The SBE may suspend or revoke a certif- 
icate issued by the department only for the fol- 
lowing reasons: 

(1) fraud, material misrepresentation or con- 
cealment in the application for certif- 
ication; 

(2) changes in or corrections of the certificate 
documentation which makes the individ- 
ual ineligible to hold a certificate; 

(3) conviction or entry of a plea of no contest, 
as an adult, of a crime if there is a rea- 
sonable and adverse relationship between 
the underlying crime and the continuing 
ability of the person to perform any of 
his/her professional functions in an effec- 
tive manner; 

(4) final dismissal of a person by a local board 
pursuant to G.S. 115C-325(c)(l)b., if 
there is a reasonable and adverse relation- 
ship between the underlying misconduct 
and the continuing ability of the person 
to perform any of his/her professional 
functions effectively; 

(5) final dismissal of a person by a LEA under 
G.S. 115C-325(e)(l)e.; 

(6) resignation from employment with a LEA 
without 30 work days' notice, except with 
the prior consent of the local superinten- 
dent; aft4 

(7) revocation of a certificate by another state; 
and v . hi ' ii t+n* pL ' p . on'; . North Carolina 
certificate was i^ued tvw- (4*e basis el r e ci 
procity. 

(8) anv other illegal or immoral conduct bv a 
person, if there is a reasonable and adverse 
relationship between the underlying con- 
duct and the continuing ability of the 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



141 



PROPOSED RULES 



person to perform any of his her profes- 
sional functions in an effective manner. 
(b) Upon the receipt of a written request and 
substantiating information from any LEA, local 
superintendent or other person in a position to 
present information as a basis for the suspension 
or revocation of a person's certificate, the Super- 
intendent of Public Instruction will conduct an 
investigation sufficient to determine whether rea- 
sonable cause exists to believe that the person's 
certificate should be suspended or revoked. 

(1) If the Superintendent determines that rea- 
sonable cause exists to believe that the 
person's certificate should be suspended 
or revoked on one or more of the grounds 
specified in Paragraph (a) of this Rule, the 
Superintendent shall prepare and file 
written charges with the SBE. 

(2) The SBE will review the written charges 
and determine whether the person's cer- 
tificate should be suspended or revoked 
based on the information contained in the 
written charges. If the SBE determines 
that the written charges constitute 
grounds for suspension or revocation, it 
shall provide the person with a copy of 
the written charges, and notify the person 
that it will revoke the person's certificate 
unless the person, within 30 days of re- 



ceipt of notice, initiates administrative 
proceedings under Article 3, Chapter 
150B of the General Statutes. The notice 
will be sent certified mail, return receipt 
requested. 
(3) If the person initiates administrative pro- 
ceedings the SBE will defer final action 
on the matter until receipt of a proposed 
decision as provided for in G.S. 150B-24. 
If the person does not initiate administra- 
tive proceedings within 30 days of receipt 
of notice, the SBE may suspend or revoke 
the person's certificate at its next meeting. 

(c) The SBE may suspend an individual's cer- 
tificate for a stated period of time or may per- 
manently revoke the certificate, except as limited 
by G.S. 115C-325(o). 

(d) The SBE may reinstate a suspended or re- 
voked certificate or may grant a new certificate 
upon application and a showing of good cause 
by the individual. The burden of proving good 
cause is on the applicant. 

(e) The SBE will notify all other states of all 
actions which involve the suspension, revocation 
or reinstatement of a certificate. 

Authority G.S. 1 15C-12(9)a.; N.C. Constitution, 
Article IX, Sec. 5. 



142 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



FINAL RULES 



1 he List of Rules Codified is a listing of rules that were filed to be effective in the month indicated. 

J\ules filed for publication in the NCAC may not be identical to the proposed text published pre- 
viously in the Register. Please contact this office if you have any questions. 

/\. dopted rules filed by the Departments of Correction, Revenue and Transportation are published 
in this section. These departments are not subject to the provisions ofG.S. I SOB, Article 2 requiring 
publication in the N.C. Register of proposed rules. 



U, 



pon request from the adopting agency, the text of rules will be published in this section. 



1 unctuation, typographical and technical changes to rides are incorporated into the List of Rules 
Codified and are noted as * Correction. These changes do not change the effective date of the ride. 



NORTH CAROLINA ADMINISTRATIVE CODE 

LIST OF RULES CODIFIED 

APRIL 1990 



AGENCY 

DEPARTMENT OF COMMERCE 



4 NCAC 7 


.0501 
.0507 




12C 


.0007 




16A 


.0100- 


.0400 


16D 


.0100 




161 


.0700 






.0900 - 


.1000 


IS 


.0203 
.0303 
.0303 




19L 


.0103 

.0401 






.0403 - 


.0404 




.0407 






.0907 






.1302- 


.1303 


DEPARTMENT OF CORRECTION 





ACTION TAKEN 



Amended 
Amended 
Temp. Amended 
Expires 08-27-90 

* Correction 

* Correction 

* Correction 

* Correction 
Adopted 
Amended 
Temp. Amended 
Expires 07-24-90 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 



5 NCAC 2H .0106 Adopted 

OFFICES OF THE GOVERNOR AND LjEl TENANT GOVERNOR 

9 NCAC 213 Executive Order Number 106 

Eff. February' 22, 1990 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



143 



FINAL RULES 



DKPARTMENT OF HUMAN RF.SOl RCES 



10 



NCAC 



10A 


.0444 




14A 


.0101 - 


0103 




.0201 - 


0202 




.0301 - 


0304 




.0401 - 


0403 




.0501 - 


0504 




.0601 - 


0604 




.0701 - 


0704 




.0801 - 


0S04 




.0901 - 


0910 




.1001 - 


1002 




.1101 - 


1102 


14B 


.0101 - 

.0104 

.0106 


0102 




.0301 - 


0304 




.0305 






.0401 - 


0402 




.0405 






.0503 - 


0506 




.0508 




14C 


.0102- 

.0109 
.0322 
.0324 


0106 




.0325 - 


0326 




.0704 






.0705 - 


0706 




.0709 






.0711 - 


0713 




.0715- 


0716 




.0801 






.0807 






.0901 - 


0902 




.1005- 


1006 




.1012- 


1014 




.1101 






.1103- 


1105 




.1107 






.1110 - 


1111 




.1115- 


1121 




.1123 






.1126 - 


1131 




.1134- 


1136 




.1138 






.1140 - 


1141 




.1144- 


1146 




.1402 - 


1404 


14D 


.0006 




14F 


.0603 




14G 


.0101 - 

.0202 

.0204 

.0208 

.0210 

.0301 


0102 



* Correction 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Amended 

Amended 

Amended 

Amended 

Repealed 

.Amended 

.Amended 

.Amended 

Amended 

Amended 

Amended 

Amended 

.Amended 

Repealed 

Repealed 

Amended 

Amended 

.Amended 

Amended 

Repealed 

Repealed 

Repealed 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

.Amended 

Amended 

Amended 

Amended 

.Amended 

Amended 

Amended 

Amended 

Amended 



144 



5:1 NORTH CAROLINA REGISTER April 2, 1990 



FINAL RULES 



•0303 Amended 

■0305 Amended 

14H .0203 - .0205 Amended 

•0208 Amended 

■0402 Amended 

141 .0105 Amended 

.0201 - .0203 Amended 

■0301 Amended 

•0307 - .0310 Amended 

14J .0101 - .0103 Amended 

•0105 Amended 

•0107 Amended 

•0204 Amended 

•0206 Amended 

•0301 - .0302 Amended 

.0402 - .0404 Amended 

14K .0101 Amended 

•0103 Amended 

■0203 Amended 

■0209 Amended 

■0216 - .0217 Amended 

■0303 Amended 

■0306 Amended 

■0311 -.0320 Amended 

.0324 - .0325 Amended 

■0334 Amended 

■0342 Amended 

■0344 Amended 

•0348 Amended 

•0351 Amended 

.0353 - .0355 Amended 

•0362 Amended 

.0403 - .0404 Amended 

•0407 Amended 

14L .0105 Amended 

•0201 Amended 

•0301 Amended 

•0304 Amended 

•0309 Amended 

•0407 Amended 

.0503 - .0505 Amended 

•0601 - .0608 Amended 

.06 10 -.06 11 Amended 

•0613 Amended 

•0701 Amended 

.0704 - .0705 Amended 

•0708 Amended 

■0710 Amended 

14M .0101 Amended 

•0103 Amended 

•0107 Amended 

■0110 Amended 

■01 12 -.01 13 Amended 

■0204 Amended 

■0303 Amended 

.0403 - .0405 Amended 

■0410 Amended 

•0508 Amended 

•0701 Amended 



5:1 NORTH CAROLINA REGISTER April 2, 1990 145 



FINAL RULES 



.0704 - .0706 Amended 

.0709 -.07 12 Amended 

.0714 Amended 

.0716 Amended 

14N .0101 Amended 

.0103 Amended 

.0107 Amended 

.0201 .Amended 

.0307 Amended 

.0406 Amended 

.0501 Amended 

.0506 Amended 

.0701 Amended 

.0809 Amended 

140 .0103- .0104 Amended 

.01 06 -.01 08 Amended 

.0203 - .0205 Amended 

.0209 -.02 10 Amended 

.0303 - .0305 Amended 

.0307 -.03 10 Amended 

.0313 Amended 

.0404 Amended 

.0407 -.04 11 Amended 

.0414 - .0415 Amended 

.0504 Amended 

.0601 Amended 

.0606 - .0607 Amended 

.0609 Amended 

.0613 Amended 

.0619 Amended 

18K .0262- .0263 Amended 

ISO .0520 Amended 

Eff. 03-01-90 

.0523 - .0524 Amended 

Eff. 03-01-90 

1SQ .0711 Amended 

Eff. 03-01-90 

19A .0101 - .0102 Repealed 

.0201 - .0202 Repealed 

.0301 - .0305 Repealed 

.0401 Repealed 

.0501 - .0505 Repealed 

19B .0104 Amended 

.0106 Amended 

.0108 Amended 

19C .0305 Amended 

.0309 Amended 

.0506 Amended 

.0601 Amended 

.0608 Amended 

.0701 Amended 

.0703 Amended 

19D .0102 - .0103 Amended 

.0201 Amended 

19E .0101 Amended 

.0105 Amended 

.0404 Amended 

.0406 - .0407 Amended 

.0410 Amended 



146 5:1 NORTH CAROLINA REGISTER April 2, 1990 



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